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When Can I Re-File Bankruptcy in Georgia?

This question all depends on your unique situation, first we need to know whether or not you received a discharge under a previous bankruptcy. If you file for bankruptcy and do not receive a discharge you may immediately re-file again, and could be eligible for discharge. However, if you received a discharge of debt under a bankruptcy then you could re-file for bankruptcy again immediately, but you would not be qualified for a discharge.

If you want to receive a full discharge after you have already received a full discharge in Georgia you will need to wait a certain amount of time specified by bankruptcy code. It will depend on which type of bankruptcy you filed previously and which type you are filing for now.

How long do you need to wait to re-file bankruptcy in Georgia?

  • Received a discharge under a Chapter 7 bankruptcy and will file a new Chapter 7. You must wait eight years between filings, if you file prior to that then you will not be eligible for a full discharge. The date that you filed your first bankruptcy is when the waiting period begins.
  • Received a discharge under a Chapter 7 bankruptcy and will file a new Chapter 13. You will need to wait four years from the date you filed your Chapter 7.
  • Received a discharge under a Chapter 13 bankruptcy and will file a new Chapter 7. You will need to wait six years between filings in this case. There are provisions for getting it done faster but you have to show that you have already paid off more than 70% of your unsecured creditors first.
  • Received a discharge under a Chapter 13 bankruptcy and will file a new Chapter 13. The waiting period for this case is the shortest at two years between filings.

Since things can get complicated very quickly when dealing with multiple filings, it is always a good idea to get an expert in your corner. Call The Bankruptcy Law Group 770-389-0002 for a free bankruptcy consultation, we can discuss your finances and help you decide what choice would be right for you.

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