How Often Can You File Bankruptcy in Henderson, Nevada?
While there is no limit to the number of times Nevada residents may file for bankruptcy, a certain amount of time must pass after discharge for eligibility to be reinstated.
Circumstances Where Bankruptcy Filing Request Could Be Denied
The court is more likely to scrutinize additional bankruptcy filings for patterns, such as filers that continue to run up credit card debt by purchasing extravagant or unnecessary items versus debts incurred for living or medical expenses. Bankruptcy filers may also be denied an additional filing if they received a discharge in a previous filing and the required waiting period has not passed.
A filer could also be prohibited by the Bankruptcy Court from filing for a specific length of time if it finds that he or she has:
- Filed multiple matters trying to abuse the bankruptcy system or delay creditors
- Voluntarily dismissed a bankruptcy after a creditor has filed a motion for relief
- Committed bankruptcy fraud by hiding assets
- Filed the case in bad faith without the intent of paying debts owed
- Lied on a bankruptcy filing
The court could prevent the filing of another bankruptcy for 180 days or more. Furthermore, it could prevent filers from wiping out debts in any current filings and limit the length of an automatic stay to 30 days or eliminate it entirely.
Required Waiting Periods for Filings
Generally, bankruptcy filers are required to wait a set period of time from when a previous case was discharged before filing for a new bankruptcy. If a filer has previously received a Chapter 7 discharge, he must wait eight years from the first filing date to file for a new Chapter 7. When a new Chapter 13 filing is requested, the filer must wait two years after the filing of his initial Chapter 13 filing.
When a discharge has been granted under a Chapter 7, a filer would be eligible to request a Chapter 13 filing four years after the initial filing for Chapter 7. If the filer has received a Chapter 13 discharge, he must wait six years between filings if he wishes to file for Chapter 7. An exception to this rule may apply if the filer has paid all his secured debts or has made a good faith effort in paying at minimum, 70% of his unsecured debts.