How many times can I file for bankruptcy? 24 Answers as of May 30, 2013

I have filed for bankruptcy twice in a span of 13 years. Can I apply for BK again? Is there a limit of the number of times I can file for BK?

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Ipson Law Firm, PLLC
Ipson Law Firm, PLLC | Michael Ipson
You may file Ch 7 every 8 years and Ch 13 every 6. Three is no limitation on the amount of times you can file.
Answer Applies to: Utah
Replied: 3/2/2012
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
There is no limit as to how many times you can file but there are restrictions as to when you can file.
Answer Applies to: Florida
Replied: 3/2/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There is no particular limit on the times one may file bankruptcy but the more filings, the more scrutiny the court will have of the debtor's situation and why the problem(s) persists. Bankruptcy exists to help the "honest but unfortunate debtor."
Answer Applies to: Indiana
Replied: 3/2/2012
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
You can file bankruptcy any time and as many times as you want, but you will only obtain a discharge every so often. Chapter 7 - chapter 7 8 years; chapter 7 - chap 13, 6 years; chapter 13 - chapter 7, 4 years; chapter 13 - chapter 13, 2 years.
Answer Applies to: Florida
Replied: 3/1/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You have not told me which chapters you have filed. It is 8 years between ch7's and ch13s can filed multiple times with varying remedies. You should see a lawyer about your options.
Answer Applies to: California
Replied: 3/1/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There is no limit to the amount of times that you can file a bankruptcy. There are limits as to how soon in between cases you are able to file. If you filed a chapter 7 case, you need to wait 8 years from the initial filing to file a new case. So, if you are looking at filing a chapter 7 now you need to wait 8 years from when you filed your last chapter 7. If you filed a chapter 7, you need to wait four years to file a chapter 13 case.
    Answer Applies to: California
    Replied: 3/1/2012
    Debt Relief Law Center | Roger J. Bus
    Yes. It depends on what cases you did before, if they were discharged, and several other factors. You can file Chapter 7s eight years apart from the date of the prior case. You can file a Chapter 7 if a prior discharged (completed) 13 was filed four years earlier.
    Answer Applies to: Michigan
    Replied: 3/1/2012
    Heupel Law
    Heupel Law | Kevin Heupel
    If you have filed Chapter 13, then you should be eligible to re-file another Chapter 13 and possibly a Chapter 7. It depends on whether your Chapter 13s were dismissed or discharged. The best thing to do is to consult with an attorney.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    There is no limit to the number of times you may file, however you may only file for Chapter 7 Bankruptcy every 8 years.
    Answer Applies to: Nebraska
    Replied: 3/1/2012
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    You can file a chapter 7 once every 8 years. You can file a chapter 13 two years after filing the first ch. 13. You can file a chapter 7 six years after filing a chapter 13. You can file a chapter 13 four years after filing a ch. 7. The timing is calculated from the two filing dates.
    Answer Applies to: Virginia
    Replied: 3/1/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Chapter 7 is every 8 years from the last time you filed.
    Answer Applies to: New York
    Replied: 3/1/2012
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes.
    Answer Applies to: New York
    Replied: 5/30/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    There is no limit at this time to the number of bankruptcy filings you can file. However, in order to get a discharge in a chapter 7 there has to have been 8 years since your last chapter 7 filing, 2 years after your last discharged 13 for another 13 discharge and 4 years after your last discharged 13 to file a chapter 7.
    Answer Applies to: Alabama
    Replied: 2/29/2012
    Bodow Law Firm PLLC | Ted Araujo
    The time limits apply to filing and being able to get a discharge: While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case. Good Luck!
    Answer Applies to: New York
    Replied: 2/29/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is no numerical limit to how many bankruptcies you can file. However, there are limits as to whether you can obtain a discharge until a certain number of years passes. For example, you cannot have a chapter 7 discharge until after 8 years of having a discharge.
    Answer Applies to: California
    Replied: 2/29/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    It depends on what type of bankruptcy you filed before and if you received a discharge. In general, you have to wait 8 years to file a Chapter 7 if your prior case was a Chapter 7. You can usually file a Chapter 13 at any point but you may not be entitled to a Discharge if your prior case was discharged within a certain time frame. Talk to a Bankruptcy Attorney and tell him/her when you filed last and they will be able to tell you if you can re-file.
    Answer Applies to: Georgia
    Replied: 2/29/2012
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    It depends upon which chapter you filed and whether they were completed or not.
    Answer Applies to: California
    Replied: 2/29/2012
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