Refiling Bankruptcy in Indiana

March 25, 2020

When Can I Consider Refiling bankruptcy in Indiana?

Thinking about refiling bankruptcy in Indiana? Many people in Indiana find themselves needing to refile for bankruptcy.  Do not be worried. You are not alone! Indiana people frequently refile for bankruptcy.   If you need to file bankruptcy again, you almost certainly will be able to file a new bankruptcy case in some way immediately.   Understanding what type of bankruptcy you can file will be important for the planning you will need to do with your bankruptcy attorney.

Chapter 7 to Chapter 7 – Indiana Refiling Wait Time

You can usually file for Chapter 7 every eight years.  Therefore, you need to wait until 8 years have passed from the last date you filed for bankruptcy.  You do not need, however, to wait for the full 8 years. You can usually just file for Chapter 13 right now instead, no matter how much time has passed.  Filing Chapter 13 could be a much better option than waiting for Chapter 7, and it usually does not cost very much to get the case started.

Refiling Chapter 13 in Indiana

Chapter 13 can usually be filed at any time as long as there is currently not another bankruptcy case active and open in Indiana.  There are some restrictions, however, to when you can get a discharge at the end of the case when you have recently filed a Chapter 7 beforehand.  However, you can almost always refile a Chapter 13 and get it filed very quickly. 

Chapter 13 can be a powerful way to deal with debt that is always available to most filers.  Almost all people who have previously filed for bankruptcy can file for Chapter 13 at any time thereafter.  They will have the protection of the court from creditors for the entire time their payment plan is operating.   

The one exception that can cause problems is a person who has had multiple Chapter 13’s that have all been dismissed in the last couple of years.  In situations like these, creditors will sometimes object due to the rapid, multiple filings. The court may also limit the amount of protection a debtor will receive from creditors in such a multiple-filing scenario.

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