What if a debtor has filed for bankruptcy previously?
A debtor may not be eligible to file a petition if, within the preceding 180 days, he voluntarily dismissed a bankruptcy case after a Relief from Stay motion was filed or if the debtor failed to appear in a bankruptcy case. If a chapter 13 case was dismissed for failure to make the monthly payments then it can generally be re-filed without delay but it is generally helpful to show a positive change of circumstances that has occurred since the previous dismissal. No chapter 7 discharge will be granted where a prior discharge was granted within the past 6 years.
