There are many complicated financial situations which occur. Steiden Law Offices has seen many situations where clients have come back after several years with a need to refile for Bankruptcy relief. The Bankruptcy Code has very specific but complicated provisions regarding filing successive or serial cases of the same of different Bankruptcy Chapters.
Cincinnati Lawyer for Multiple Bankruptcies
The decision to file a first Bankruptcy case should be done only after prudent analysis and proper, skilled guidance from an experienced professional firm like the Steiden Law Offices. Providing advice and counsel for 25 years to the folks of Northern Kentucky and the Greater Cincinnati area has been the hallmark of Steiden Law Offices.
Chapter 7 Refiling
The Bankruptcy code provides that a Discharge in a Chapter 7 case can only be issued by the Court once every eight years. Technically you can file more often but the filing will not result in entry of a Bankruptcy Discharge. Despite such a limitation, there may be a valid basis for such a filing. Your lawyer can properly advise you from an ethical standpoint as to the propriety of a second Chapter 7 filing.
Your Steiden Law Offices lawyer can advise and direct you such that you do not find yourself in the middle of an abusive filing situation and perhaps become subject to sanctions from the Court. Steiden Law Offices have analyzed and handled the full spectrum of cases from small business cases, individual or joint cases and Chapter 7 and Chapter 13. By virtue of this experience Steiden Law Offices is uniquely positioned to offer guidance and sound advice to a client who finds the urgency to file for Bankruptcy relief a second time.
If you are considering this you should call and schedule your confidential consultation and get the best advice and counseling before it is too late to protect your assets. Steiden Law Offices believes in a more proactive approach. Those who act reactively have fewer opportunities to structure a successful plan regarding the need to file for Bankruptcy.
Chapter 13 Refiling
When you seek to refile your Chapter 13, you must wait for a period of two years from entry of the prior Chapter 13 Discharge. Like filing a successive Chapter 7, you may not get a Discharge but there may be a legitimate business reason to file. In many cases, a Chapter 13 is filed because the prior Chapter 13 was dismissed before completion or if completed, new issues or defaults have arisen and the automatic stay can help the Debtor maintain the status quo and address the new problems with the guidance of Steiden Law Offices. In a successive filing situation, it is imperative that you are represented by a seasoned and knowledgeable lawyer who can advise and guide you through complicated Court procedures.
Chapters 7 and 13
Generally you must wait for a period of four years from entry of your Chapter 7 Discharge before filing for a Chapter 13 case. As with all Bankruptcy cases, getting proper and competent advice is essential. There are a host of circumstances related to filing a Chapter 7 then a Chapter 13 and Chapter 13 then Chapter 7. There are complicated rules related to each circumstances and a seasoned and adept lawyer can help you make your way through all of the financial turmoil and uncertainty to the conclusion of your Bankruptcy case or in some situations, Bankruptcy cases.
Discharge in Prior Case
In some Bankruptcies, for one reason or another, a Discharge may not have been entered. This may be the result of some fraudulent or improper behavior by the Debtor. In cases where no Discharge is entered, for any of the various reasons, technically a case can be refiled after the 180 day rule. Generally a Debtor who has a case dismissed may have to wait for the passage of 180 days from the date of the Dismissal. If your case was dismissed for some type of impropriety, you may have to wait the 180 days. Your lawyer will be able to properly advise you of such a limitation.
Can I File for Bankruptcy a Second Time in Ohio / Kentucky?
The questions and circumstances which can arise in our complex legal system call for a well-versed and skilled attorneys looking out for your best legal interests at all time. Whether it is Reaffirmation Agreement or multiple Chapter 7 or 13 filings, there is no substitute for a diligent and hardworking law firm like Steiden Law Offices to look out for your best interests. Call to schedule your free, confidential consultation to learn more about the filing of a Bankruptcy case and how to put an end to the financial mayhem and get on the road to your Fresh Start.