Kansas City Bankruptcy Attorney

How Many Times Can You File Bankruptcy?

There are two chapters of bankruptcy most often used by consumers, chapter 7 and chapter 13.  When you can file another bankruptcy case and receive a discharge of your debts depends on what chapter you last filed and when you filed.

If you received a discharge in a chapter 7 case filed:

  • Within the last 8 years – You will not be able to receive another chapter 7 discharge until 8 years has passed from the filing date of your previous case.
  • Within the last 4 years – You will not be able to receive a chapter 13 discharge until 4 years have passed from the filing date of your previous case.

If you received a discharge in a chapter 13 case filed:

  • Within the last 6 years – You will not be able to receive another chapter 7 discharge until 6 years has passed from the filing date of your previous case.
  • Within the last 2 years – You will not be able to receive a chapter 13 discharge until 2 years have passed from the filing date of your previous case.

The bankruptcy code also places limitations on filing a case, if within the last 180 days the court dismissed a previous case for failure to abide by the court’s orders or if you received a voluntary dismissal after a creditor requested relief from the automatic stay.

If your previous cases did not result in a discharge of your debts, the above timeframes will not apply.  However, successive filings by a debtor that are later dismissed by the debtor, could result in problems with the automatic stay in the next case or a finding of abusive filings by the court.

Contact a Kansas City Bankruptcy Attorney to arrange for a free initial bankruptcy consultation to determine if you are able to receive a bankruptcy discharge.

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This website’s information should not be construed as formal legal advice or the formation of an attorney /client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. As KC Bankruptcy Attorneys we are a debt relief agency proudly helping people file for bankruptcy relief under the Bankruptcy Code throughout the Kansas City and Missouri Metropolitan Area, including — but not limited to, Johnson, Wyandotte, Leavenworth, Miami, Franklin, Douglas, Doniphan, Brown, Jackson, Jefferson, Shawnee, Osage, Coffey, Anderson, Linn, Allen, Bourbon, Crawford, Cherokee, Labette, Neosho, Woodson, Wilson, Montgomery, Platte, Clay, Jackson, Cass, Bates, Vernon, Barton, and Jasper County.

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