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I have filed bankruptcy before (or my spouse has filed before). Can I file again?


Most of the time the answer is yes, but there are two exceptions. You can only file a Chapter 7 once every six years. If you have filed more than two Chapter 13 cases within the past few years, there is a chance that your last case was dismissed "with prejudice." That means that you cannot file a new case for six months after your last was dismissed.

Other than those two things, there is nothing to stop you from filing again. If you filed a Chapter 13 case recently, you can still file a new Chapter 7, as long as your Chapter 13 case is no longer active. And vice-versa. If you have filed a Chapter 7 recently, that does not keep you from filing a new Chapter 13 case.

You can only have one case open at a time. It is possible for you and your spouse to have separate cases going at the same time, but it is usually better for both spouses to file together. If only one of you has an active bankruptcy case, sometimes the best thing to do is to dismiss that case and file a new one jointly.