How Often Can a Person File for Bankruptcy?

If you filed a Chapter 7 previously, and received a Discharge, you cannot file again for 8 years from the date of the previous discharge.

If you filed a Chapter 7, and received a Discharge, , you may file a Chapter 13 within the 8 year period, for example to stop the foreclosure on your home, but you may not be able to receive a discharge.

If you previously filed a Chapter 13 and were discharged, you can file a Chapter 7 within the 8 year period.

The fact that you filed is not as important as whether or not a Discharge was entered in your previous case. You can file a second or third Chapter 7 case immediately after the previous one is dismissed, but the subsequent cases may not provide the same protection as the first filing.

Mark Brenner www.caobl.com

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