Repeat Filings

With more than three decades of experience, John M. Kenney is a Bucks County bankruptcy attorney who can help people reorganize their finances and get out from under the weight of their debts. Mr. Kenney’s “straight talk” approach to legal representation allows him to candidly communicate each person’s rights and options. He can guide people in the Levittown area and elsewhere in Pennsylvania through the nuances of this often technical and complex process.

Bankruptcy is a legal tool that is designed to allow people to resolve their debts in an orderly way, with the hope of starting on a fresh path. For some individuals, however, one trip around the bankruptcy block may not be enough. There is no legal limit on the number of times that a person can file for bankruptcy, but there are some waiting periods that restrict how soon you can file again after going through the process. Repeat filings can potentially also reduce some of the options available to a person seeking relief from debt.

A Chapter 7 bankruptcy allows a filer to extinguish or discharge most or all of his or her debts. It is available only to individuals whose income is below the median level in the state. The Chapter 13 reorganization process, meanwhile, allows a person to pay back debts over time. The court works out a payment plan that the bankruptcy filer must follow to satisfy the debts. A person filing for bankruptcy under Chapter 7 generally must wait eight years from a previous filing in order to try to discharge more debt through this process. For Chapter 7 and 13 filers seeking relief for a second time under Chapter 13, the waiting period is six years.

One thing to keep in mind is the impact of repeat filings on the automatic stay. Usually, the filing of a bankruptcy case stays any actions by creditors who are trying to recover debts against the person or entity seeking bankruptcy protection. This is not necessarily true when a person repeatedly files for bankruptcy after previous cases have been dismissed. The idea is that a person should not be able to use sham bankruptcy filings to freeze out creditors. However, a knowledgeable lawyer can help a filer persuasively argue that he or she is not seeking to abuse the process in this way, so the protections of the automatic stay should apply.

John M. Kenney has been assisting clients in bankruptcy and other cases since 1983. He understands the law as it relates to these matters, including the legal limits governing repeat filings. Mr. Kenney takes pride in providing client-focused legal representation, taking the time to understand each individual’s unique situation in order to determine whether bankruptcy may be right for him or her.

If you or a loved one is considering reorganizing your finances, call Bucks County bankruptcy lawyer John M. Kenney at (215) 547-3031 or use our online form to set up a free consultation. He can assist people in Levittown, Fairless Hills, Yardley, Bristol, Morrisville, and Langhorne, among other Pennsylvania communities. As an experienced consumer rights attorney, Mr. Kenney can listen carefully to your situation and concerns, advise you of your rights under the law, and provide you with the personal attention that you deserve.