One must be a Maryland resident to file for bankruptcy relief in Maryland. As a general rule, one cannot file another Chapter 7 case if one has received a discharge with 8 years from the date the prior case was filed. One is not entitled to file for another Chapter 13 discharge within 4 years of receiving a Chapter 13 discharge. However, one can file another Chapter 13 case at any time in order to obtain some breathing room to get caught up even if one is not eligible for another discharge of one’s debt.
Generally, one can re-file a Chapter 7 or a Chapter 13 case immediately if one’s case is dismissed, but may have to wait 180 days if the dismissal was due to failure to respond to a court order or in the case of repeat filings after a creditor has filed a motion for relief of stay to pursue a foreclosure after a post-petition default.
Rather than make an assumption and be wrong, one should consult with an experienced bankruptcy attorney promptly to review one’s options. Sometimes, it is possible to have one’s case re-opened. The current unsecured debt limit is $383,175 and the secured debt limit is $1,149,525. There are no limits in Chapter 7 or Chapter 11.
Contact us now to inquire about our Chapter 13 Bankruptcy related legal services.
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