Can I only file bankruptcy once?
Can I file bankruptcy twice?
Can I file bankruptcy three times?
Would you be surprised to learn there is actually NO limit on the number of times you can file bankruptcy? However… there are limitations. (Yes, there is a difference!)
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.
Arrange your free consultation with our Kansas City Bankruptcy Attorneys to determine if you are able to receive a bankruptcy discharge.