How Often Can You File Bankruptcy?
If you have filed for bankruptcy before and received a discharge, then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case, then you can file for bankruptcy again without the below time limits. You can file for bankruptcy twice or even three times, even if you have received a discharge. The key is that you will often have to wait a certain period after you have filed and have received a discharge, to file for bankruptcy again and get a full discharge. If you file for bankruptcy again prior the time limits, then you will not get a full discharge.
CAN I FILE FOR BANKRUPTCY TWICE?
Chapter 7 Bankruptcy-If you have previously filed a Chapter 7 bankruptcy and received a discharge in your previous case then you can file for bankruptcy again and you can be entitled to another discharge in the following situations:
- Chapter 7 Bankruptcy– If you need to file for Chapter 7 Bankruptcy after you have filed a previous Chapter 7 bankruptcy and received a discharge then you need to wait 8 years from the date you filed your previous Chapter 7 bankruptcy. If you file prior to the 8 years, then you will be denied a discharge. If you are denied a discharge, then you will still be legally responsible for your debts. You start to count the 8 years from the date you filed your previous Chapter 7 bankruptcy. If you filed your previous Chapter 7 bankruptcy in July of 2000, then you are eligible to file again and get a discharge in July 2008.
- Chapter 13 Bankruptcy-If you need to file for Chapter 13 bankruptcy after you have obtained a discharge in a previous Chapter 7 bankruptcy then you will need to wait 4 years to obtain a complete discharge. In order to discharge your credit card debts, medical bills and personal loans you need to wait 4 years from the date you filed your Chapter 7 bankruptcy. If you file within 4 years of your previous Chapter 7 bankruptcy, then your unsecured debts will not be discharged. This time limit only applies if you obtained a discharge in your previous Chapter 7 bankruptcy. The 4-year period begins to run from the date you filed your previous Chapter 7 bankruptcy. This means that if you filed in February of 2000, then you would be eligible for a Chapter 13 bankruptcy discharge in February of 2004.
Chapter 13 Bankruptcy – If you have previously filed a Chapter 13 bankruptcy and you received a discharge in your previous Chapter 13 bankruptcy then there are time limits for filing another Chapter 13 or Chapter 7 bankruptcy. You can file for bankruptcy again, but there are time limits in order for you to obtain a full discharge of your debts.
- Chapter 7 Bankruptcy – If you received a discharge in your previous Chapter 13 bankruptcy and you need to file Chapter 7 bankruptcy then you will need to wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge. You can obtain a full discharge of your debts in a Chapter 7 bankruptcy, even if you file within 6 years, but you must have paid your unsecured creditors 70% or more during your previous Chapter 13 bankruptcy. If you did not pay your unsecured creditors at least 70% during your previous Chapter 13 bankruptcy, and you file for Chapter 7 bankruptcy within 6 years of filing Chapter 13, then you will not be entitled to a discharge. You must wait at least 6 years from the date of filing your previous Chapter 13 bankruptcy, to file for Chapter 7 bankruptcy and receive a discharge (unless the exception applies).
- Chapter 13 Bankruptcy – If you have received a discharge in a previous Chapter 13 bankruptcy and need to file Chapter 13 bankruptcy again, then you need to wait at least 2 years from the date of filing of your previous Chapter 13 bankruptcy. If you file within 2 years of filing your Chapter 13 bankruptcy, then you will not be entitled to a discharge in your new bankruptcy case.
It is important that you understand whether your previous bankruptcy affects your ability to obtain a complete discharge of your debts in your new bankruptcy case. Make sure you inform any bankruptcy attorney of your previous bankruptcy case, so that they can assess whether you can file for bankruptcy and obtain a full discharge of your debts.
Need Help Filing a New Bankruptcy?
Orange County bankruptcy attorney, Norma Duenas, is an experienced bankruptcy attorney who graduated from the University of San Diego Law School, Cum Laude. Ms. Duenas has handled many complex Chapter 7 and Chapter 13 bankruptcy cases. She has previously assisted clients in litigation, immigration matters and has handled hundreds of Chapter 7 and Chapter 13 bankruptcy cases in the Riverside, Orange County, Los Angeles, Temecula and Murrieta areas of Southern California.
If you’d like to have a no cost consultation with bankruptcy attorney Duenas, you can make an appointment with our founding attorney, Norman Duenas, by calling 866-337-7220 or email us if it’s after hours and we’ll get back to you.