1. How many times can a person file for bankruptcy in Georgia?

There is no set number of cases a person can file. Whether a person can file a second or more bankruptcy cases depend on that person’s factual situation. However, most people are eligible to file a case whenever they want to file. The type of case they can file may depend on what happened in the previous case.

2. When can a person file another Chapter 7 in
Georgia?

A person is allowed to get a discharge in a Chapter 7 once every 8 years. The time period is calculated by using the filing dates of the cases. For example, if a person filed a Chapter 7 bankruptcy case on October 15, 2005, that person would have to wait until October 16, 2013 to be eligible for a new Chapter 7 case. In our example a person could file a Chapter 7 bankruptcy case any time after October 16, 2013.

3. What if I filed a case and it was dismissed before I
finished my case?

You can usually file another case immediately. However, if you file another case within 1 year of the dismissal of a previous case, the new case can have a limited or even no stay depending on the facts of your situation. Call us and we can give you exact information about your personal options.

4. Can I refile a new Chapter 13 bankruptcy case in Georgia?

The short answer is yes. Whether you have to file a full pay back plan or a partial pay back plan may depend on the following:

(A) When you filed the first Chapter 13;
(B) Whether you received a discharge in your previousChapter 13:
(C) What percentage of debt did you pay your unsecured
creditors in your previous Chapter 13;
(D) How much money you make;
(E) Whether you did anything ethically wrong in you
previous.

Call us or email us and we can tell you your options.

5. Can I file a Chapter 13 case after I have already
received a discharge in a Georgia Chapter 7
case?

The answer is yes. What type of Chapter 13 case and the required plan provisions will depend on how much time has elapsed between the filing of the Chapter 7 case and the Chapter 13 case.