How Many Times Can You File Bankruptcy in Arizona?
In Arizona, as in most states, there is no limit to the number of times you can file for bankruptcy. There are, however, restrictions on when you can file for bankruptcy again after filing once. If you have filed for bankruptcy in Arizona and have received a discharge, but now want to file again due to new debts that need to be discharged, the amount of time you must wait to file for bankruptcy in Arizona again depends upon what type of bankruptcy you filed before, and what type of bankruptcy you want to file now. It is all based upon the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the District of Arizona.
If Your Prior Bankruptcy Was Chapter 7 Bankruptcy
If the previous bankruptcy you filed and received discharge from in Arizona was Chapter 7, otherwise known as liquidation bankruptcy, you must wait at least 8 years from the date your previous bankruptcy was filed to file another Chapter 7 bankruptcy and receive a discharge.
If the previous bankruptcy you filed and received discharge from in Arizona was Chapter 7, you must wait at least 4 years from the date your previous bankruptcy was filed to file a Chapter 13 bankruptcy and receive a discharge.
If Your Prior Bankruptcy Was Chapter 13 Bankruptcy
If the previous bankruptcy you filed and received discharge from in Arizona was Chapter 13, also known as the wage earner’s plan bankruptcy, you must wait at least 6 years from the date your previous bankruptcy was filed to file a Chapter 7 bankruptcy and receive a discharge. If, however, you paid all, or most, of your unsecured debt in your prior Chapter 13 bankruptcy, you may not need to wait. Consult an Arizona bankruptcy attorney for details and assistance.
If the previous bankruptcy you filed and receive discharge from in Arizona was Chapter 13, you must wait at least 2 years from the date your prior bankruptcy was filed to file another Chapter 13 bankruptcy and receive a discharge.
If Your Prior Bankruptcy Was Chapter 11 Bankruptcy
If the previous bankruptcy you filed and received discharge from in Arizona was Chapter 11, which allows a business to reorganize, you must wait at least 8 years from the date your previous bankruptcy was filed to file a Chapter 7 bankruptcy and receive a discharge.
If the previous bankruptcy you filed and receive discharge from in Arizona was Chapter 11, you must wait at least 4 years from the date your prior bankruptcy was filed to file a Chapter 13 bankruptcy and receive a discharge.
If Your Prior Bankruptcy Was Chapter 12 Bankruptcy
If the previous bankruptcy you filed and received discharge from in Arizona was Chapter 12, which is a reorganization bankruptcy designed for family farmers and family fishermen, you must wait at least 6 years from the date your previous bankruptcy was filed to file a Chapter 7 bankruptcy and receive a discharge.
If the previous bankruptcy you filed and receive discharge from in Arizona was Chapter 12, you must wait at least 4 years from the date your prior bankruptcy was filed to file a Chapter 13 bankruptcy and receive a discharge.
What If I Have Filed Multiple Bankruptcies in the Past and Need to File Again?
If you have filed multiple previous bankruptcies in Arizona and received a discharge, you need to evaluate the waiting periods for each of the bankruptcies. You do not, however, need to look back further than 8 years, as the longest waiting period between two bankruptcies is 8 years
A bankruptcy attorney in Arizona can help you to navigate both the federal and the local rules and regulations applying to bankruptcy in Arizona. Contact our firm today for more information.
