QUESTION
How many times can you file chapter 7 bankruptcy?
Asked on Apr 15th, 2013 on Bankruptcy - Kansas
13 ANSWERS
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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How many times can you file? As many as you need to. There are limits on how much time must pass between your last case and the next one. There are other theoretical limits based on a creditor's or the trustee's ability to object and say that your latest "serial filing" lacks sufficient "good faith." It's also possible that one of the judges somewhere along the way could say "this is your last one, you are prohibited from doing this again." But there is not a section of the bankruptcy law that sets a hard-and-fast number as the exact maximum that a person can file in their lifetime.
Answered on Apr 16th, 2013 at 10:16 PM
It depends on how long you live and whether or not you are looking to obtain a discharge through Chapter 7. The law allows a person to file once every 8 years if a discharge has been granted. If no discharge is granted, then technically, you could continue to file as many times as you want. Obviously, this is not practical advice.
Answered on Apr 16th, 2013 at 10:15 PM
You can file a Chapter 7 bankruptcy and receive a discharge once every eight (8) years, measured from the date of filing. If you file a Chapter 7 that is dismissed for a technical reason, such as messing up on your credit counseling obligation, the law in our district appears to be that you can keep filing until you get it right.
Answered on Apr 16th, 2013 at 9:58 PM
Once every eight years if done in,good faith.
Answered on Apr 16th, 2013 at 9:52 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Once every 8 yrs to obtain a discharge.
Answered on Apr 16th, 2013 at 9:37 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Once every 8 years.
Answered on Apr 16th, 2013 at 9:30 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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The laws change from time to time. It is now every 8 years.
Answered on Apr 16th, 2013 at 9:30 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The correct question - how long do you have to wait to file a new chapter 7 after filing an old one? The answer is 8 years. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Apr 16th, 2013 at 9:28 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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You can obtain a discharge in chapter 7 once every 8 years.
Answered on Apr 16th, 2013 at 9:26 PM
Richard hirsh
You are entitled to one Chapter 7 bankruptcy every 8 years. The date starts from the date you filed the prior petition.
Answered on Apr 16th, 2013 at 9:25 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Once every eight years.
Answered on Apr 16th, 2013 at 9:24 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Every eight years.
Answered on Apr 16th, 2013 at 2:16 AM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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There is not an exact limit on the number of Chapter 7 cases that a person can file. The limitation is in regard to how recent the prior case was. To file back to back Chapter 7 cases, under the current law, 8 years must have passed since the filing date of the previous Chapter 7. That being said, the Bankruptcy Code has a "general abuse" clause that allows the U.S. Trustee to seek dismissal of a case they believe is filed in "bad faith". There are probably an infinite number of circumstances that could potentially trigger such a challenge. For example, filing a 5th case that is 8 years and one day after the 4th case would be a concern. It's probably most helpful to meet with an experienced attorney that can consider all of the facts of your case to have the best idea of how concerned you should be and what all of your options are.
Answered on Apr 16th, 2013 at 1:28 AM