By Robert J. Semrad | Published July 19 2021 |
When Can You File for Michigan Bankruptcy Again?
You may have heard that you can file for bankruptcy more than once in Michigan. This is true, but only under certain circumstances. People who have already filed for bankruptcy in Michigan may be able to do it again, but only if a sufficient amount of time has passed since your last case.
Can I File for Bankruptcy More Than Once in Michigan?
If you have filed for bankruptcy in the past, you may be wondering if (and when!) you can file again. While it is possible to file a second case, there are some different rules and procedures that you should consider before proceeding. You will also need to make sure enough time has passed since your debt was discharged in your previous case.
While Michigan law allows you to file more than once, you’ll have to wait for a certain number of years to pass before submitting a petition again. Depending on the type of bankruptcy you filed the first time around and which type you want to file now, the waiting periods will range from 2 to 8 years. If you’re considering filing a second case, you should consult with a knowledgeable Michigan lawyer to determine if you are eligible to refile.
What You Need To Know About the Second Filing for Bankruptcy
If you’ve already gone through the bankruptcy process in Michigan and your case was dismissed, you know just how complicated it can be. Unfortunately, the process of filing a second time can be even more complex. You’ll still have to meet all of the qualifications that were necessary in the first case you filed, and it can be more challenging to work with your creditors the second time around, as they will probably be less accommodating. It’s also likely that the court will go through every aspect of your finances with a fine-tooth comb.
The Time Limits for Every Chapter
The waiting period will vary depending on which type you received a discharge from and which type you want to use now. If you previously completed a Chapter 7, you’ll need to wait 8 years before filing Chapter 7 again and 2 years if you want to switch to Chapter 13. If your first petition was discharged under Chapter 13, the waiting periods that apply are 4 years before another Ch. 13 and 6 years before filing Ch. 7, unless you paid more than 70% of your unsecured creditors back in your first case. However, these rules can be complicated, and you should discuss them with a qualified bankruptcy attorney any time you feel you may need bankruptcy relief.
Let DebtStoppers Help
While it’s always essential to partner with an experienced attorney when pursuing bankruptcy in Michigan, given the complications involved in a second or third filing, it’s even more crucial that you find an attorney you can trust to guide you through the process.
The qualified lawyers at DebtStoppers have decades of experience helping people get their finances back under control. Call or text us today at 313-880-3970 or sign up online to schedule a free initial consultation with a member of our knowledgeable legal team. We can review your financial situation and determine whether you qualify to file again in Michigan.