Frequently Asked Questions  

Q. How often can I file for bankruptcy?

A. Under Chapter 7 you can file once ever eight years. If you have previously filed a Chapter 13 and received a discharge and want to file a Chapter 7 you must wait 6 years from the date of your Chapter 13 filing. If you want to file a Chapter 13 and you previously filed a Chapter 7 and received a discharge, the wait is only 4 years. If you want to file a Chapter 13 after you have previously filed a Chapter 13 and received a discharge, the wait is only 2 years.

If a prior bankruptcy case was dismissed as opposed to discharged, there is no required wait time between bankruptcy filings, barring a rare court order to the contrary. However, it the bankruptcy was dismissed within the last 12 months, there may be issues with the automatic stay protection that you need to be aware of. If you are in this situation you should hire a bankruptcy attorney to assist you.

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