One of the most common questions that almost every debtor asks is, “How often can you file bankruptcy in Michigan?” The answer to that question will always depend on your circumstances. In this article, with the help of an experienced Royal Oak bankruptcy attorney, you will learn more.
For over 20 years of handling complex bankruptcy cases in the state of Michigan, Hammerschmidt Stickradt & Associates has been strongly committed to providing you with the best possible legal advice. We understand that every financial hardship must come to an end because every consumer deserves financial freedom. We will assist you in making the right decisions by providing prudent choices and options. If you need assistance in filing a bankruptcy petition, book a free consultation now.
Why do I need a Bankruptcy Attorney in Michigan?
The bankruptcy process is inherently complicated and time-consuming. In Chapter 7 bankruptcy, you will have to work with your lawyer for at least 5 months; on the other hand, in Chapter 13 bankruptcy, you will be working with your bankruptcy attorney for 3–5 years. You have to take your time assessing the bankruptcy lawyer‘s background. In doing so, consider the following qualities:
- Knowledgeable in Bankruptcy Law – The bankruptcy code is something one should not take lightly. They are difficult to understand, and the proceedings are challenging to handle. Choosing a lawyer who is knowledgeable in bankruptcy is essential. Avoid choosing lawyers who claim to be bankruptcy experts.
- Solid Experience – In addition to being an expert in bankruptcy law, you should also look for a lawyer with solid experience handling bankruptcy cases. This gives you a significant edge when you choose a bankruptcy lawyer who has been practicing for numerous years. If your attorney is experienced, you can definitely save a lot of time and effort.
- Affordable – Your financial situation is at stake; you deserve reasonable consideration to get back on your feet and stop lawsuits, if any. Choose a bankruptcy attorney who is willing to offer and negotiate affordable plans and options.
Hammerschmidt Stickradt & Associates is the best bankruptcy firm that you can rely on when you need bankruptcy relief. In every bankruptcy filing, our legal team understands that your financial situation is at stake; therefore, we are willing to provide affordable plans and options. For more than 20 years, we have helped individuals in Michigan have successful bankruptcy filings. If you need help with your bankruptcy case, schedule a free consultation now!
Can I file for Bankruptcy in Michigan for the second time?
The short answer is yes. Even if you have previously received a bankruptcy discharge under Chapter 13 or Chapter 7, you can still file for bankruptcy a second time. However, there are several requirements that you must meet to receive a second bankruptcy discharge.
Many are amazed to discover that they can legally file for bankruptcy more than once. If you are currently dealing with financial difficulties and were previously granted bankruptcy protection, our Royal Oak, Michigan, bankruptcy attorney can ensure that you are guided throughout your entire bankruptcy case.
Prior to Chapter 7 Bankruptcy
If you previously filed Chapter 7 case and received a Chapter 7 discharge, you must wait at least 8 years before filing again in the same Chapter, unless you are filing for Chapter 13. However, you should keep in mind that if you file for Chapter 13 bankruptcy, in order to get the discharge, you have to wait for 4 years after the Chapter 7 filing.
Whether you are qualified for the discharge, filing for Chapter 13 bankruptcy can benefit a person. For instance, you can pay your debts and obligations in a more sufficient repayment plan, catch up on past-due mortgage payments, and stop foreclosures.
Prior to Chapter 13 Bankruptcy
If you received a discharge under Chapter 13 and did not intend to file for Chapter 7 case, you have to wait for 6 years, unless the prior bankruptcy case was paid 100% or 70% of unsecured debt and was filed in good faith. If you filed a bankruptcy petition under Chapter 13 and got the discharge, you have to wait two years before legally filing in the same Chapter again.
I did not receive a discharge in the first bankruptcy filing
In many instances, if you were not able to get a discharge in the first bankruptcy filing, you can file again and get the discharge. However, this is not always the case.
- If the bankruptcy court dismissed the previous bankruptcy case – Unless the bankruptcy court issues an order telling you otherwise, you can file another bankruptcy case. A 180-day waiting period may apply if you did not obey the order or intentionally dismissed the case after the creditor initiated a motion to lift the automatic stay.
- If the bankruptcy court denied the discharge – You may be able to file another bankruptcy case, but most likely, you won’t get a discharge of the debt listed in your previous case. Due to the unusual situations, it is highly advisable to consult with an experienced bankruptcy attorney.
When Are Multiple Bankruptcy Filings Abusive?
An abusive bankruptcy filing pertains to a Chapter 7 filing that does not meet the means test. However, abusive bankruptcy filings may also refer to a bankruptcy case filed by someone inadvertently using the bankruptcy process, for example, to escape the creditor or buy time in a lawsuit or foreclosure.
In other words, the bankruptcy court despises debtors who file for bankruptcy without any intention of following through with the petition. Debtors who file bankruptcy for the second time can face consequences for these methods, such as losing the automatic stay or discharge.
Call our Michigan Bankruptcy Attorney Now!
What not every debtor is aware of, the bankruptcy process is more complex when you are filing for the second time. Aside from the fact that you have to meet certain requirements, every creditor can be difficult to work with. Whether you are filing for Chapter 7, Chapter 13, or even Chapter 11, you need to consult with an experienced Michigan bankruptcy attorney.
If you need a seasoned bankruptcy attorney, Hammerschmidt Stickradt & Associates is the best choice. With more than 20 years of experience in Michigan, our legal team is well-versed in the bankruptcy code, and other relevant bankruptcy laws. Other than bankruptcy, we can also help you with an automatic stay, abusive creditors, credit card debt, student loan debt, stopping foreclosure, wage garnishment, and the bankruptcy means test.