Filing Bankruptcy Twice in Colorado?

The short answer is yes. But there are some rules you need to know about filing bankruptcy twice in Colorado.

Without a Bankruptcy Discharge

If your first bankruptcy did not result in an order of discharge you may be able to file again right away. Especially if your first bankruptcy case was dismissed by the court. This can happen for a number of reasons. And if your bankruptcy was dismissed without prejudice you should be able to file for bankruptcy in Colorado twice right away.

Perhaps not all the necessary documents were filed. Or maybe the filing fee wasn’t paid on time.  Or you did not show up for the meeting with the creditors. And for Chapter 13 bankruptcies, cases can be dismissed if you fail to make all the required plan payments.

But keep in mind, ff your case was dismissed because you failed to appear for a required hearing or if you ignored a court order, the court may order that any additional bankruptcy filings are barred for 180 days. But this does not include the meeting of creditors.

However, if you voluntarily dismissed the case after a creditor filed a motion for relief from an automatic stay, you will likely the have to wait 6 months. This is because the courts see it as not filing the case in good faith.

Filing Bankruptcy Twice in Colorado After Bankruptcy Discharge

If you did receive a bankruptcy discharge after your last bankruptcy filing in Colorado there are waiting periods before you can file bankruptcy again.

Filing Chapter 7 Twice in Colorado

The waiting period between filing twice in Colorado for Chapter 7 is eight years. And keep in mind, this is from the filing date.

Filing Chapter 13 After Filing Chapter 7

If you previously filed Chapter 7 and now want to file Chapter 13 you will need to wait four years. This is from your original Chapter 7 filing date to file Chapter 13.

Filing for Chapter 13  Twice in Colorado

The shortest wait time between filing bankruptcy in Colorado is Chapter 13 to Chapter 13.  And the wait time for that is only two years.

Filing Chapter 7 After Filing Chapter 13

If you previously filed Chapter 13 and now would like to file Chapter 7 you will need to wait six years from your original filing date. However the waiting period may be waived if you paid your unsecured creditors in full.

The Difference Between Chapter 7 and Chapter 13 Bankruptcy

Perhaps you are unfamiliar of the difference between chapter 7 and chapter 13 bankruptcy.  So we have put together many articles regarding the two to help you clearly understand the difference.

Consult a Colorado Bankruptcy Attorney

If you are still confused at all about the different types of bankruptcies and what you may qualify for you should speak to an experienced Colorado bankruptcy attorney.  Contact Barry Arrington for a free Consultation.