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Asked 12/1/2011

How often can you file bankruptcy in michigan?

 
 
 
 
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Answer 1/1 - Submitted 12/28/2011

The Bankruptcy Code is federal law so the rules around the time frames between cases would apply to all states.

The time between bankruptcies is based on how much time can pass before you are eligible to receive a discharge in a second bankruptcy. You cannot receive a discharge in a second chapter 7 bankruptcy unless 8 years have passed since the filing of your first chapter 7 case.

The time frame is a little shorter if you file a chapter 13 case the second time around. You cannot receive a discharge if your next case is a chapter 13 unless 4 years have passed since the filing of your first case (if that first case was a chapter 7).

If your first case was a chapter 13 and you received a discharge, you cannot get another discharge in a second chapter 13 until at least two years have passed.

So to sum it up, the time frames between being eligible to receive discharges in bankruptcy cases are: (based on the October, 2005 updates to the Bankruptcy Code)

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 out there who are filing basic chapter 7 cases, 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 the first chapter 7 case to file another basic chapter 7 case.

 
 
 
 
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