One of the most common questions we are asked each week. Some clients are unaware that if, for whatever reason, their #case is dismissed that they can refile their case.

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 refile a bankruptcy case depends 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.

When can a person file another Chapter 7 in Georgia?
A person is allowed to receive a discharge in a Chapter 7 once every 8 years. The time period is calculated by using date of filing (not discharge) . For example, if a person filed a Chapter 7 bankruptcy case on May 8, 2005, that person would have to wait until May 9, 2013 to be eligible for a new Chapter 7 case.

Can I refile a new Chapter 13 bankruptcy case in Georgia?
Usually yes you can. Whether you have to file a full pay back plan or a partial pay back plan may depend on the following:
--When you filed the first Chapter 13
--Whether you received a discharge in your previous Chapter 13
--How much money you make

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

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