How long do I have to wait before I can file for bankruptcy again?

In South Carolina, you must wait eight years between filing bankruptcy cases. This is true for both Chapter 7 and Chapter 13 bankruptcies. The eight year period starts the day after the date of your original bankruptcy filing and is based on the date that the case was initially filed, not when it was discharged. In addition to the eight year waiting period, there are certain criteria you must meet in order to be eligible to file for bankruptcy again. You must demonstrate that you have received credit counseling within 90 days of your new filing and have sufficient income to cover your debts. You must also show that your financial situation is so dire that you cannot realistically pay the debt off in any other way. It is important to note that if you have already received a discharge for a Chapter 13 bankruptcy, you will not be eligible to file for Chapter 7 protection. If you’ve received a discharge from Chapter 7, you may file for Chapter 13, but the amount of time before you file again depends on the court’s ruling in your original case. If you’re considering filing for bankruptcy again, it is important to speak with a qualified attorney in South Carolina before filing to ensure that you are meeting all relevant requirements for filing. A qualified attorney can provide you with the best advice as to the timing and eligibility requirements for filing bankruptcy in South Carolina.

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