Filing for Bankruptcy is Not a One-Time Thing

When dealing with financial difficulties, many ask, “How often can I file bankruptcy?” It is a critical question for those searching for financial relief and a new beginning. Grasping the complexities of bankruptcy and its legal aspects is vital for making well-informed choices. In this article, we aim to simplify how often you can file for bankruptcy in simpler terms while highlighting the indispensable role of our experienced attorney at The Rollins Law Firm, located in Ridgeland and Gulfport, MS.

Short Summary:

To help you understand this article more, we have compiled an overview that will answer most of your questions about bankruptcy:

  • Filing for bankruptcy isn’t a one-time deal; its frequency depends on the rules.
  • Each bankruptcy chapter has its filing regulations, shaping available options.
  • For Chapter 7, discharge occurs once every eight years, crucial for a fresh financial start.
  • Chapter 13 allows a shorter waiting period, usually two years, or six with specific conditions.
  • Reasons to file include overwhelming debt, creditor harassment, foreclosure, medical expenses, job loss, and legal protections.
  • Navigating bankruptcy involves assessment, counseling, attorney hire, data gathering, filing, meeting attendance, claims resolution, course completion, and post-bankruptcy management.
  • The Rollins Law Firm offers personalized guidance in Chapter 7 and 13 bankruptcy, stopping repossession, loan modification, social security services, and more.

At The Rollins Law Firm, we are committed to offering individualized advice and enabling people to make informed choices about their financial future.

What is Bankruptcy?

Bankruptcy is a legal process that enables individuals or businesses to alleviate overwhelming debt burdens through asset liquidation (Chapter 7) or creating a manageable repayment plan (Chapter 13). This process offers respite from creditor harassment, halts foreclosures or repossessions, and has the potential to discharge specific debts. Although it affects credit, bankruptcy also provides an opportunity for a new beginning and financial recovery.

How Often Can I File Bankruptcy in Mississippi?

Bankruptcy is not a one-size-fits-all solution; its frequency is subject to specific rules and regulations. How often you can file for bankruptcy depends on the type and discharge of your previous bankruptcy. Each bankruptcy chapter has its distinct regulations on the frequency with which you can file them:

How Often Can I File Chapter 7 Bankruptcy?

For individuals considering Chapter 7 or liquidation bankruptcy, the time gap between filings is of utmost importance. One cannot obtain a Chapter 7 discharge more frequently than once every eight years. This duration is computed from the previous Chapter 7 case filing date to the filing date of the new one. Knowing the waiting period is necessary for those aiming for a renewed financial beginning through Chapter 7.

How Often Can I File Chapter 13 Bankruptcy?

When considering Chapter 13 bankruptcy, the interval between filings differs. Individuals can file for Chapter 13 sooner than Chapter 7, but specific restrictions apply. Usually, the waiting period between Chapter 13 discharges is two years. However, this duration can be shortened to six years if the debtor settled at least 70% of their unsecured claims in the previous case.

Why Do I Need to File For Bankruptcy?

Filing for bankruptcy is a significant decision, often driven by financial hardships that may seem difficult. Here are several compelling reasons why individuals choose to file for bankruptcy:

  • Overwhelming Debt

If you are drowning in unmanageable debt, bankruptcy provides a structured and legal solution.

  • Creditor Harassment

Bankruptcy stops persistent creditor calls, letters, and threats, offering immediate relief.

  • Foreclosure or Repossession

Bankruptcy can halt home foreclosure or vehicle repossession.

  • Medical Expenses

Overwhelming medical bills can lead to instability; bankruptcy offers a fresh start.

  • Job Loss or Reduced Income

In times of job loss or income reduction, bankruptcy provides a lifeline to regroup.

  • Legal Protections

Beyond debt relief, bankruptcy safeguards assets, prevents utility disconnections, and shields from legal actions.

  • Rebuilding Credit

Despite credit impact, bankruptcy allows a fresh start with responsible financial management.

  • Unmanageable Interest and Fees

Bankruptcy addresses high interest and fees, making debts more manageable.

  • Business Debt

Entrepreneurs facing business debts find in bankruptcy a chance to reset and protect personal assets.

  • Legal Resolution

As a legal process, bankruptcy resolves financial challenges, providing a clear framework for recovery.

It is vital to recognize that the decision to file for bankruptcy is personal and requires careful consideration of your unique financial situation.

How Can I File for Bankruptcy?

Navigating through the bankruptcy filing process involves various stages, and understanding each step is critical for a successful resolution. Below is a simplified overview of the typical filing process:

  • Assessment and Decision

Evaluate your financial situation to determine if bankruptcy is the right option.

  • Credit Counseling

Before filing, undergo credit counseling from an approved agency. That helps assess your finances, explore alternatives, and establish a budget.

  • Hiring a Bankruptcy Attorney

Work with our experienced attorney at The Rollins Law Firm to guide you, ensure legal requirements are met, and represent your interests.

  • Gathering Financial Information

Compile detailed financial data, including income, expenses, assets, and debts, to complete required court forms and schedules.

  • Filing the Petition

Our attorney assists in preparing and filing the bankruptcy petition, officially initiating the process. The court assigns a case number and issues an automatic stay, pausing collection activities.

  • Meeting of Creditors (341 Meeting)

Attend the meeting 20 to 40 days after filing, where the bankruptcy trustee and creditors may inquire about your financial affairs. Our attorney guides you through this phase.

  • Creditors’ Claims and Objections

Creditors can file claims or objections within a specified period. Our attorney addresses challenges to ensure a fair resolution.

  • Completion of Financial Management Course

After the 341 meeting, complete a financial management course from an approved provider, focusing on budgeting and financial planning.

  • Chapter 7 Discharge or Chapter 13 Repayment Plan

In Chapter 7, eligible debts are discharged, offering a fresh start. Chapter 13 involves following a court-approved repayment plan over a specified period.

  • Post-Bankruptcy Financial Management

Adopt responsible financial practices to rebuild credit and maintain stability. Budgeting, saving, and wise credit use are crucial components.

Call Our Bankruptcy Lawyers Today!

Understanding the nuances of Chapter 7 and Chapter 13 bankruptcy is essential for those seeking relief in Ridgeland and Gulfport, MS. However, attempting to navigate this alone is not advisable. Our experienced attorneys at The Rollins Law Firm stand ready to guide you through the process, ensuring that your journey toward financial recovery is as smooth and informed as possible.

When facing the question, “How often can I file bankruptcy?”, having the right legal team in your corner makes all the difference. Give our attorneys a call today and get a free consultation! Aside from Chapters 7 and 13 bankruptcies, we also offer services for stopping repossession, loan modification, Social Security, and more.

Learn more about how filing for bankruptcy can help you.

Give us a call to schedule your appointment

Testimonials

I had a wonderful experience

I had a wonderful experience. The staff were nice and very informative. The process was quick and easy. Very affordable for me being a single parent. Would recommend anyone there.

Lashay H

They made the process so easy to complete

The Rollins firm assisted me at a very low point in my life. After having a lot of medical issues and expenses, I found myself unable to make ends meet. Mr. Rollings and his staff worked very promptly to help. They made the process so easy to complete.

Vinester Smith

I’m feeling a lot better about my financial future and thankful for all their help.

I went into Mr. Rollins’ law firm not knowing what to expect. After my first meeting with his team, I knew I made the right decision to contact his office. Everyone was knowledgeable and very willing to answer any questions and prompt with their responses. I’m feeling a lot better about my financial future and thankful for all their help.

Dawn Barfield

Rollins law firm made it easy and less stressful!!!

Some of the nicest people I’ve met. Very patient, kind, and helpful. They helped me through a very difficult situation. Filing bankruptcy is very challenging and the people at Rollins law firm made it easy and less stressful!!! I thank you guys so much for all of your help through this difficult situation!! I will recommend this firm to anyone considering bankruptcy!!

Stephanie Harris

Rollins Law Firm was there every step and explained it all in a way that was easy to understand

This process is a hard decision to make.  Rollins Law Firm was there every step and explained it all in a way that was easy to understand.  They answered my questions, sent me emails and text messages with information and appointment reminders.  There were some videos and a booklet that was very very informational and helpful to me.

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Rollins Law Firm has gave me hope during a dark time

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Helped me through a very stressful time.

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Kim Ainsworth

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband. We are young and clueless about a lot, so having them walk us through literally everything has been great! The staff is wonderful and very responsive. We have never waited long for a call, text, or email back. We want to thank Breanne, Alex, Grayson, and Mr Rollins himself for such a positive experience. Of course, bankruptcy isn’t a good thing but when it’s your only option, this is the firm you want to use! It’s been affordable and quick. We are super pleased with the experience from the time we first called their office til today after filing with them!

Rebecca Harvey

Fast response and professional advice

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Bryan Aust