Can I file for Chapter 13 bankruptcy if I have filed for bankruptcy before?

Yes. You can file for bankruptcy as many times as you need to. However, there are some rules attached.

If you have filed for Chapter 13 bankruptcy before, you may not receive a discharge until at least two years have passed. A discharge releases you from all debts that were accounted for in your plan, minus a few exceptions such as student loans, recent income taxes, and child support. You will have to wait at least four years to file for Chapter 13 if you previously filed for Chapter 7, 11, or 12 bankruptcy. The waiting period is a little longer between filing for Chapter 7 twice; debtors must wait eight years.

Bankruptcy law is federal law, contained in Title 11 of the United States Code, so it is the same throughout the nation. However, state property law and local rules and customs also play an important part in any bankruptcy case, so prior to taking any action, it's extremely important to consult an experienced bankruptcy attorney in the Houston area.

It is also vital to speak with an attorney because you need to be sure that Chapter 13 bankruptcy is your best option. You may have filed Chapter 13 in the past, but perhaps now you're in a situation where you don't have a job anymore and medical bills you didn’t plan for are burying you. Chapter 7 bankruptcy might be a better option for you in this instance. Likewise, maybe you filed for Chapter 7 bankruptcy five years ago, and while you're in financial trouble again, you do currently have a reliable source of regular income; you could be a candidate for Chapter 13 this time around.

Bankruptcy is taken very seriously, so it is important that you don't rush in to things and file incorrectly. If you are thinking about filing for Chapter 13 bankruptcy, contact Houston attorney J. Thomas Black at 888-707-1233. Your first consultation with Mr. Black is absolutely free and he will review your finances with you to determine the best course of action.