CALL 913.438.1112

Tag Archives: bankruptcy discharge

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.