How often can someone file Bankruptcy? If you have to file Bankruptcy, we hope that it will be a one-time thing. We work with our clients to get out of financial trouble and hopefully stay out of financial trouble for the rest of their lives by living on a budget.
But life happens (for example: divorce, failed investment, failed business, job loss, illness) and sometimes people need to file Bankruptcy more than once. If you filed Bankruptcy in the past, you are not barred from filing; but there might be a time limit involved. Below is a chart of the general guidelines for when you can file bankruptcy again. In general, if you previously filed chapter 7, you might have to wait 4-8 years to be able to file for Bankruptcy again. If it is too soon to file, you might have to wait the applicable time or maybe settle your debts. Your attorney can discuss these options with you.
Please note there also might be some strategy involved in filing multiple bankruptcies. For example, you might file a chapter 7 to discharge some debts then file chapter 13 to reorganize some other non-dischargeable debts like student loans or taxes; or a mortgage in arrears. This is known as a chapter 20.
Please also note that you might not need to file bankruptcy again. Debt settlement or another option might be a better solution for you. We will advise you in that regard.
|
Last Case Chapter |
This Case Chapter |
Time |
| 7 | 7 | 8 years from filing |
| 7 | 13 | 4 years from filing |
| 11 | 7 | 8 years from filing |
| 11 | 13 | 4 years from filing |
| 12 | 7 | 6 years from filing |
| 12 | 13 | 4 years from filing |
| 13 | 7 | 6 years from filing |
| 13 | 13 | 2 years from filing |
Contact our office to discuss this matter a with an attorney. All consultations are free and confidential.