Often times it may be necessary to take advantage of a bankruptcy fresh start for a second time. There are two reasons why you might be wondering about a subsequent bankruptcy filing.

1. You may have filed and received a discharge in the past.

2. You may be curious about how your current filing might effect the ability to file again in the future.

The bankruptcy laws were created to give people a fresh start, but it's not uncommon for someone to need or want to take advantage of that opportunity again. Subsequent filings are perfectly acceptable. Although the laws are such that a person is not able to file again shortly after getting a previous bankruptcy discharge, it is entirely possible to file again, should it be necessary.

Before you can file for bankruptcy a subsequent time, there are time periods which must past, and these time periods vary depending on the type of bankruptcy you will be filing now and the type of bankruptcy discharge you received in the past.

If you have received a Chapter 7 bankruptcy discharge before, you must generally wait eight years before you can file for a Chapter 7 Bankruptcy again. That time period is reduced if you are going to file a new Chapter 13 bankruptcy.

If you received a previous Chapter 13 bankruptcy discharge, you will generally need to wait four years before you can file for Chapter 7 Bankruptcy. That time period is reduced to two years if you are going to be filing a new Chapter 13 bankruptcy.

In the event your previous bankruptcy was dismissed by a court, and you did not receive a discharge, the time periods become more complicated. If you have filed for bankruptcy in the past, and are considering filing for bankruptcy again, it's best to speak to an experienced California Bankruptcy Attorney.

If you have questions about filing for bankruptcy in California, contact our San Francisco bankruptcy law firm today.

California Bankruptcy information provided by San Francisco Bankruptcy attorney Mark Chernev.

The Chernev Firm, 601 Montgomery Street, Ste. 1150, San Francisco, CA 94111