A Pittsburgh bankruptcy lawyer can tell you whether a prior bankruptcy filing will affect your ability to qualify for bankruptcy protection or a bankruptcy discharge.
Generally speaking, if you are an individual and you have not filed a bankruptcy case in the previous 8 years, you will qualify to be a debtor under the Bankruptcy Code. If you have filed a bankruptcy case within the last 8 years, your rights will depend on the chapter under which you previously filed and whether you received a discharge of your debts. Additionally, other factors (such as the dismissal of your prior bankruptcy case) could affect your rights.
If you have received a discharge under Chapter 7 of the Bankruptcy Code within the previous 8 years, you will not be eligible to receive a second discharge under Chapter 7. If you have received a discharge under Chapter 13, you cannot receive a discharge under Chapter 7 within 6 years of the prior Chapter 7 discharge; however, you may receive a second discharge under Chapter 13 after only 4 years.
Even if you are not eligible to receive a discharge under Chapter 7 or Chapter 13 of the United States Bankruptcy Code, you may still wish to file a case under Chapter 13 of the Bankruptcy Code to protect your home from foreclosure or avoid some other adverse action.
If you have a prior bankruptcy case and need to file another bankruptcy, you should reach out to a Pittsburgh bankruptcy lawyer.