Sometimes, people begin a pro se (do it yourself) Bankruptcy filing with clear intentions. Sometimes, they initiate the process but do not follow it through to completion. Sometimes, those same people find themselves in the exact same financial situation just a few years later and are in even greater need to file for Bankruptcy.
Typically, Bankruptcy law requires an eight year time span before a person can refile for personal Bankruptcy again. But this time restriction is not always set in stone.
If the original bankruptcy filing did not result in a discharge, the eight year limit applicable to re-filing a case may not apply.
HOWEVER, a person must carefully review the previous case to determine the actual outcome of the previous filing; make no assumptions as to the final result. It may be wise to contact the District Bankruptcy Court where the original filing was placed to review the result of that case.
Different time frames exist if the previous bankruptcy case was a Chapter 13. After filing a Chapter 13 case, the debtor can convert the case to a Chapter 7 case, assuming that the bankruptcy case qualifies for Chapter 7 discharge. Not all cases that qualify for discharge pursuant to a Chapter 13 bankruptcy plan will qualify for discharge under a Chapter 7 case.
If a person determines that a new filing can proceed, we suggest a review of the details of Standard Legal’s Chapter 7 & 13 Bankruptcy legal forms software to see if a new pro se filing is a worthwhile option.