Are you struggling with debt and wondering if bankruptcy is an option for you again? The good news is that you can file bankruptcy more than once—but there are rules to follow depending on your previous filings. We’ll explain how often you can file for bankruptcy and what restrictions apply when it comes to receiving a discharge of your debts.
Can You File Bankruptcy More Than Once?
Yes, there is no limit on the number of times you can file for bankruptcy, but there are time limits between filings that will impact whether you can get a discharge of your debts. Essentially, you can file multiple bankruptcy cases throughout your life, but there are restrictions on how often you can get the debts discharged.
Here’s a breakdown of what affects your ability to receive a discharge when filing bankruptcy multiple times:
Filing a Chapter 7 Bankruptcy More Than Once
Chapter 7 bankruptcy is the liquidation process where most of your debts can be discharged. However, if you’ve filed Chapter 7 before, there are time limits on when you can receive a discharge in a subsequent case.
- If you previously filed Chapter 7 and received a discharge:
- 8 years must pass before you can file for Chapter 7 bankruptcy again and receive another discharge.
- If you previously filed Chapter 13 and received a discharge:
- You must wait 6 years before you can file for Chapter 7 and receive a discharge.
Filing a Chapter 13 Bankruptcy More Than Once
Chapter 13 bankruptcy involves a repayment plan where you pay off your debts over 3 to 5 years, and after completing the plan, the remaining unsecured debts are discharged. If you’ve previously filed for Chapter 13, there are also restrictions on how often you can receive a discharge in a subsequent filing.
- If you previously filed Chapter 13 and received a discharge:
- 2 years must pass before you can file another Chapter 13 case and receive a discharge.
- If you previously filed Chapter 7 and received a discharge:
- You must wait 4 years before you can file for Chapter 13 and receive a discharge.
What Happens If Your Case Was Dismissed?
There are a few important things to keep in mind if your previous bankruptcy cases were dismissed:
- Dismissed Cases: If a case was dismissed within the last 180 days due to your failure to comply with the court’s orders or if you voluntarily dismissed the case after a creditor requested relief from the automatic stay, you may not be able to file again right away. These situations could delay your ability to file for bankruptcy.
- No Discharge: If you did not receive a discharge in a prior case, the time limits listed above would not apply. However, repeated filings that get dismissed could result in consequences such as problems with the automatic stay or accusations of abusive filings.
Can Bankruptcy Be Abused?
The bankruptcy court may review successive filings to ensure they’re not being used to abuse the system. If you file and dismiss cases frequently, the court might impose restrictions on your ability to use bankruptcy as a tool for financial relief.
Next Steps: Can You File Bankruptcy Again?
If you’re considering filing bankruptcy again and want to know how soon you can file or if you’re eligible for a discharge, schedule a free consultation with our Kansas City bankruptcy attorneys. We’ll help you navigate your options, explain the rules, and determine the best path forward for your financial future.
