How Often Can You File Bankruptcy

If you find that you are in financial trouble again after your bankruptcy has been discharged, you may need to file again to get bankruptcy protection from your creditors. You can file for bankruptcy as often as you want, but you will only receive a discharge if the legal requirements are met.

Chapter 7

If you received a Chapter 7 discharge in the past and would like to file Chapter 7 again, you must wait for a period of eight years before you can file. The clock starts from the date your previous bankruptcy case was filed with the court. You may not get a discharge of debts if you filed a Chapter 13 case within the last six years unless you meet the strict legal requirements.

Chapter 13

If you filed Chapter 7 within the last four years, you might be able to file for a Chapter 13 bankruptcy. If you filed Chapter 13 previously and received a discharge, you can file a Chapter 13 again within two years.

If your case is dismissed, you may have to wait for 180 days before filing a new case. It is rare that you have an unsuccessful Chapter 7 case; the reasons could be that the court thinks you have enough income to make payments to your creditors. In those cases, your Chapter 7 will be changed into a Chapter 13 bankruptcy. Chapter 13 cases do often fail because the debtor cannot make the required monthly payments.

If you have previously filed bankruptcy and received a discharge, you may want to talk to a Roseville bankruptcy attorney to discuss if you are eligible to receive another discharge and what type of bankruptcy would give you financial relief.