Kentucky Bankruptcy Law

Counsel with Care

I filed a prior bankruptcy but I never got a discharge, when can I file again?

c there is no time limit on filing with regard to receiving a discharge. The problem this does create, though, is with the automatic stay.

If the first bankruptcy was pending and dismissed during the year preceding the filing of the next bankruptcy, then the automatic stay of the bankruptcy terminates automatically on the thirtieth (30th) day after the subsequent case was filed. See 11 USC Sect. 362(c)(3). This is not the end of things, but it does require careful pre-filing planning after a case has been dismissed.

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October 23, 2012 - Posted by | Automatic Stay, Bankruptcy, Chapter 13, Chapter 7, Discharge, Planning, Pre-filing planning, Uncategorized | , , , ,

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