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How often can you file bankruptcy?

7/29/2013

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​You may file Chapter 7 bankruptcy every 8 years and receive a discharge. The time period is counted from the first filing date to the second filing date- Not from the first discharge (usually 4 months after the first filing date) to the second filing date. Other Chapter time restrictions on multiple discharges are as follows:
​
  • 8 years between Chapter 7’s.  
         See: 727(a)(8)

  • 2 years between Chapter 13’s.  
         See: 1328(f)(2)

  • 4 years between a Chapter 7 and Chapter 13. 
         See: 1328(f)(1)

  • 6 years between a Chapter 13 and Chapter 7.*
         See: 727(a)(9)
         *Rule may be waived if 70% of unsecured creditors were paid in the Chapter 13
 
The above time periods are to be eligible for multiple discharges. That does not mean a debtor is ineligible to file. Although the goal of filing a bankruptcy usually is to obtain a discharge there are other reasons to file. One example is to file a Chapter 13 to stop a foreclosure. Another would be to file to regain possession of a repossessed vehicle. Ending wage garnishment or dealing with tax debt may be another reason to file when not eligible to receive a discharge.
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  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
      • Bankruptcy Disclaimer
    • Debt Settlement
    • Foreclosure Defense
  • Blog