How Often Can You File Bankruptcy?


past due bills

How often can you file bankruptcy?

The simplest answer to this question is you can receive a discharge, in chapter 7, every eight years.

The eight year time-frame starts to run from the date that the previous case was filed. It is important to remember that you can file as many times as a person would like, but you can only receive a discharge every so often. This is an important distinction especially if you have had a recent bankruptcy case dismissed and you did not receive a discharge. 

A discharge is the result of a bankruptcy that everyone wants. The discharge is an order, from a bankruptcy judge that states you are no longer responsible for the dischargeable debts. 

Here is a quick example: If you receive a discharge in a chapter 7 bankruptcy, you must then wait 8 years to refile another chapter 7 bankruptcy if you want to receive a discharge. But let’s say you filed chapter 7 bankruptcy 4 years ago and received a discharge, but you have recently lost your job and the debts you now have are getting too much to handle. You can still file a chapter 13 bankruptcy. You must only wait 4 years after a chapter 7 bankruptcy to file a chapter 13 bankruptcy. 

These rules can be confusing, but when navigated correctly can provide real relief to financially struggling debtors. 

Our team knows these rules and would be more than happy to review your current situation with you. We can help you prepare to address your debt in a fast and efficient manner. 

During our consults, we can provide you with all of the relevant dates so you can make an informed decision about your eligibility to receive a discharge in bankruptcy.  Our trusted, local, and affordable team provides free consultations for all debt relief matters.

If you have any questions about the topic discussed in this article, or any bankruptcy law matter, please give us a call at Bononi & Company 724-972-4180.