How Often Can I file for Bankruptcy?

After a Chapter 7 bankruptcy discharge, you can file for Chapter 7 again after 8 years have passed from the previous Chapter 7 filing.  You can file for Chapter 13 bankruptcy with no time restrictions but you can only get a discharge in that Chapter 13 case if the previous Chapter 7 was filed more than 4 years ago.

If you received a previous Chapter 13 bankruptcy discharge, the previous Chapter 13 repayment plan has to meet certain requirements to allow a new Chapter 7 case earlier than 6 years from the filing of the prior Chapter 13 case.  Otherwise, you must wait 6 years to file a new Chapter 7 case.  To file a new Chapter 13 case after a previous Chapter 13 discharge, you must wait 2 years between the dates of filing.

Multiple bankruptcy filings can lead the court to question the debtor's "good faith" in filing for bankruptcy.  All bankruptcies must be filed in good faith, meaning that the debtor is not trying to defraud their creditors or the courts in using bankruptcy to eliminate their debts.

If you have any questions about multiple bankruptcy filings, please call 1st California Law Inc at (949) 735-8499 for a free consultation.

Categories: Uncategorized