How often can you file for bankruptcy? 26 Answers as of July 12, 2013

How often can you file for bankruptcy?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You can file for Bankruptcy 8 years after receiving a Chapter 7 discharge and 4 years after receiving a Chapter 13 discharge.
Answer Applies to: New Hampshire
Replied: 6/7/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what chapters you have filed before and plan to file in the future.
Answer Applies to: California
Replied: 6/6/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
You can file a chapter 7 every 8 years. The time frame is shorter for other chapters.
Answer Applies to: Arizona
Replied: 6/6/2011
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
You can file for bankruptcy theoretically, whenever you need to. But to get a discharge or a release of your debts (which is usually the reason that you file bankruptcy), you can only file Chapter 7 every 8 years. After filing Chapter 7 and receiving a discharge, you can file a Chapter 13 four years after the filing of the Chapter 7, and be eligible for a discharge in the Chapter 13 case once you complete the payments. Best advice: go see a knowledgeable bankruptcy attorney and let them analyze your situation, to be sure of what the facts and the law are in your particular case.
Answer Applies to: Texas
Replied: 6/6/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Time between Discharges: Ch 7 - Ch 7: 8yrs Ch 7 - Ch 13: 4yrs Ch 13 - Ch 7: 6yrs Ch 13 - Ch 13: 2yrs Ch 11 - Ch 7: 8yrs Ch 11 - Ch 13: 4yrs
Answer Applies to: Washington
Replied: 6/6/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You can file as often as you like. You are only eligible to obtain a discharge once every 8 years.
    Answer Applies to: California
    Replied: 6/6/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    Once every eight years from the last filing.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    Technically, you can file for bankruptcy as many times as you wish. However, you are limited in how often you may receive a discharge on your debts through the bankruptcy. Talk to a local attorney if you need more specifics, as the issue of when the time limit is counted from is different depending on which circuit your court belongs to.
    Answer Applies to: California
    Replied: 6/6/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Well..... it depends. It is 8 years between Chapter 7 cases. In certain circumstances you can file a Chapter 13 sooner than that.
    Answer Applies to: California
    Replied: 6/6/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Chapter 7 bankruptcy can be filed every eight years but there is an "unwritten rule" as to how many times one can file. The more times a person files, the more scrutiny each successive case will receive to ensure that the debtor is filing in "good faith" and not manipulating the system, creditors, or committing fraud.
    Answer Applies to: Indiana
    Replied: 6/6/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Timing for file bankruptcy can be as soon as 2 years from a prior bankruptcy to as long as eight years. Sometimes you can also file a "Chapter 20" bankruptcy, which is generally a Chapter 7 immediately followed by a Chapter 13.
    Answer Applies to: Oregon
    Replied: 6/6/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    You are limited to filing Chapter 7 every 8 years. If you file a Chapter 13 it is different timing. Noah Bishop our associate attorney can give you a free consultation to discuss the timing. Give our office a call to discuss.
    Answer Applies to: Oregon
    Replied: 6/6/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    The waiting period for filing a Chapter 7 case after a previous bankruptcy: 1. If you filed and received a discharge in a prior Chapter 7 case, you have to wait 8 years from the filing date before you can file another chapter 7 case. 2. If you filed and received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If so, there is no waiting period. If not, you have to wait 6 years after the filing of the prior chapter 13. The waiting period for filing a Chapter 13 case after a previous bankruptcy: 1. If you filed and received a discharge in a prior chapter 7 case, you can file a chapter 13 case at any time. However, if you file the Chapter 13 case within 4 years of the date you filed the prior 7, you will not receive a discharge. (You can use the 13 to catch up on mortgage arrears and save your house.) 2. If you filed and received a discharge in a prior Chapter 13 case, there is a 2 year waiting period - but that's pretty much meaningless since nearly every 13 takes longer than 2 years to complete.
    Answer Applies to: Ohio
    Replied: 6/6/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    You can be discharged in a Chapter 7 bankruptcy saying sorry I can't pay once every eight years. If they eight years aren't up and you are in big trouble, you can file a Chapter 13 and put the debts on a (hopefully small) payment plan. Actually you can file bankruptcy as often as you want, but it annoys the judge and does less and less for you each time.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Once every 8 years for a chapter 7 or if you filed a chapter 13 and are now filing a 7 you could do that after 6 years of filing the chapter 13.
    Answer Applies to: Washington
    Replied: 6/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can file another Chapter 7 eight years after a previous Chapter 7 was filed. You can file a Chapter 7 four years after a previous Chapter 7.
    Answer Applies to: California
    Replied: 6/3/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Every 8 years.
    Answer Applies to: Oregon
    Replied: 7/12/2013
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    The time in between bankruptcies depends on what type of bankruptcy you filed before and what type of bankruptcy you are trying to file now. You may file a chapter 7 bankruptcy 8 years after first filing a chapter 7 bankruptcy, or 4 years after filing a chapter 13 bankruptcy.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You cannot obtain a discharge in a Chapter 7 case if you file the new case within 8 years of the date you filed the previous Chapter 7 case in which you were granted a discharge. The time period restrictions in Chapter 13 are different. For example, after having received a discharge in a Chapter 7 case you can file a Chapter 13 case four years after you filed the Chapter 7 case and get a discharge in the Chapter 13 case. Notice that the important question is not when you can file but whether or not you can get a discharge in the case you filed. It would do you no good to file a Chapter 7 case and not be eligible for a discharge. Many people file bankruptcy cases over and over just to get the protection of the automatic stay with no intention to go through with the case to the end. That is not a proper use of the bankruptcy laws and the person can be sanctioned by the bankruptcy court and even prohibited from filing for a year or more and even forever in extreme cases.
    Answer Applies to: California
    Replied: 6/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Eight years from the date of filing of the last chapter 7bankruptcy.
    Answer Applies to: California
    Replied: 6/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file for Chapter 7 bankruptcy once every 8 years. If you are thinking about filing and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/3/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You can file a chapter every 8 years. However, you can file a chapter 13 4 years after filing a chapter 7.
    Answer Applies to: California
    Replied: 6/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Technically, you can file a bankruptcy anytime. But to receive a discharge you must wait eight years. The rule is different for Chapter 13.
    Answer Applies to: California
    Replied: 6/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Every 8 years for Chapter 7. 4 years from 7 to 13. 6 years from 13 to 7. 2 years from 13 to 13. Assuming a discharge in each case.
    Answer Applies to: California
    Replied: 6/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on what Chapter. 7's must be at least 8 years apart. The time period for 13s is shorter.
    Answer Applies to: Georgia
    Replied: 6/3/2011
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