A debtor can file for NY bankruptcy as many times as needed or necessary. There are no restrictions in the federal bankruptcy laws or NY state law that prevent filing for a subsequent bankruptcy. In theory, someone could file for NY bankruptcy seven, eight, or even nine times.

How long does it take to file bankruptcy in NY?

The time it takes to complete Chapter 7 bankruptcy varies depending upon your situation. In general, you can expect it to take around three to four months on average to complete Chapter 7 bankruptcy and have your debts discharged.

How do you qualify for bankruptcy in NY?

To qualify under the bankruptcy Means Test in New York, you will need to have all income sources (so your paychecks) and a list of your monthly expenses. In a Chapter 7 bankruptcy you will have to demonstrate that you don’t have the means to repay your debts.

Is there a time limit to file bankruptcy?

The Bankruptcy Code imposes time limits, or waiting periods, on discharges in Chapter 7 and Chapter 13 bankruptcy proceedings. For less common types of bankruptcy (Chapter 11 and Chapter 12 ), there are no time limits and your debts can be discharged as often as you file bankruptcy.

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge.

Can you file bankruptcy after a bankruptcy case?

There’s a good chance that you can file for bankruptcy after having already gone through one. How soon depends on what kind of case you filed earlier and what you’re planning on filing this time. It also depends on whether the earlier case resulted in discharge.

When to file Chapter 7 or Chapter 13 bankruptcy?

Chapter 13 before Chapter 7. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge. You won’t have to wait that long, however, if you paid unsecured creditors in full in the Chapter 13 case, or,…