How many times can you declare bankruptcy? 6 Answers as of October 23, 2010

Can you declare bankruptcy more than once? Is there a certain amount of time that has to pass before the last one, or does it depend on the specific chapter?

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Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You can declare and file for bankruptcy more than once, but can only obtain a Discharge of your debts once every 8 years. If you've previously filed bankruptcy and received a discharge, you can still file bankruptcy within 8 years, but are not eligible for a Discharge of your debts. Consult with an attorney to determine your best course of action under such circumstances.
Answer Applies to: California
Replied: 10/23/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
Twice, every 8 years.
Answer Applies to: Florida
Replied: 10/22/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
Depends on the chapter. But Chapter 7 can be filed every 7 years.
Answer Applies to: California
Replied: 10/21/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Once every 8 years.
Answer Applies to: California
Replied: 10/21/2010
Law Office of David P. Farrell
Law Office of David P. Farrell | David Farrell
There are mandatory waiting periods between case filings depending on the chapter number of the prior bankruptcy and the current bankruptcy, and the number of years that have lapsed between the filings. Here is a breakdown taken from the United States Bankruptcy Court - Central District of Californias website:

1. Prior bankruptcy = Chapter 7 or 11, and current bankruptcy = Chapter 7: 8 years after date that the prior bankruptcy case was filed.

2. Prior bankruptcy = Chapter 7, and current bankruptcy = Chapter 13: 4 years after date that prior bankruptcy case was filed.

3. Prior bankruptcy = Chapter 13, and current bankruptcy = Chapter 7: (1) No mandatory waiting period if 100% of claims were paid in the prior chapter 13 bankruptcy; (2) No mandatory waiting period if 70% of claims were paid in prior chapter 13 bankruptcy and the chapter 13 Plan was proposed in good faith and was the debtors best effort; (3) 6 years after date that prior bankruptcy case was filed, if less than 70% (and up to 100%) of claims were not paid in the prior chapter 13 bankruptcy case.

4. Prior bankruptcy = Chapter 13, and current bankruptcy = Chapter 13: 2 years after date that the prior bankruptcy case was filed
Answer Applies to: California
Replied: 10/21/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It depends on the chapters filed, and yes there is a time limit in between. You can file as many times as you want, but you can only receive a discharge if the requisite time has passed from the filing date of the prior case. Generally for Chapter 7 this is every 8 years; Chapter 13 every 4 years. There are a lot more qualifications and nuances to this, so you need to check with a bankruptcy attorney about your personal situation (or, post a more specific question here).
    Answer Applies to: California
    Replied: 10/21/2010
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