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Asked 2/17/2012

How often can you file bankruptcy?

 
 
 
 
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Answer 1/2 - Submitted 2/18/2012

If you are asking about Chapter 7 filings, you can file or a new bankruptcy eight years after being discharged from your last bankruptcy. There are a number of different bankruptcy laws depending on if you are filing as an individual or a corporation and if you want a full discharge of all debts or if you only want to extend the time needed to pay off your debts.

 
 

Answer 2/2 - Submitted 2/23/2012

How often you can file a bankruptcy is based on how much time has to pass before you are eligible to receive a discharge in a second bankruptcy case. There are different time frames for this depending on the different chapters of bankruptcy.

You cannot receive a discharge in a second chapter 7 bankruptcy case unless 8 years have passed since the filing of your first chapter 7 bankruptcy case.

The time frame is a little shorter the second time around if you file a chapter 13 case. You cannot receive a discharge if your second case is a chapter 13 case unless 4 years have passed from your first case, if that first case was a chapter 7 case.

If your first case was a chapter 13 case, you are not eligible to receive a discharge in a second chapter 13 case unless at least 2 years have passed.

In summary, the time frames between being eligible to receive discharges in bankruptcy cases are:

8 years between chapter 7 cases
4 years between a chapter 7 and a chapter 13
2 years between chapter 13 cases

For most ordinary folks filing a basic chapter 7 case, if you had a successful case the first time around and received a discharge, you will have to wait 8 years from the filing of your first case before you can file again.

 
 
 
 
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