How Often Can You File Bankruptcy?

Get Sound Legal Advice Before Making Decisions About Bankruptcy

Contrary to popular belief, you can file bankruptcy multiple times, subject to some time limitations. In fact, a planned series of bankruptcy filings can be a good strategy for many people, particularly for those who have significant unsecured debts and property they wish to keep.

Minnillo & Jenkins, CO. LPA, is a bankruptcy law firm that has helped thousands of people in Ohio obtain debt relief through the bankruptcy system. Many of these are repeat clients who we have represented more than once.

Your situation is unique, and you should get legal advice before making the decision to file bankruptcy. In a free consultation, an attorney at our firm can provide you with the advice you need, and discuss possible debt relief strategies with you.

Contact Minnillo & Jenkins, CO. LPA, to schedule your free initial consultation.

How Often Can You File Bankruptcy?

The answer to this question depends on which kind of bankruptcy you have filed:

If you have received a Chapter 7 discharge — You cannot file a Chapter 7 again until eight years from the date of your previous filing. On the other hand, you can file a Chapter 13 at any time after your Chapter 7 discharge, though discharge in the Chapter 13 may not be granted.

If you have filed Chapter 13 bankruptcy — You can file another Chapter 13 almost immediately after your discharge, though discharge under your new Chapter 13 may not be granted. Otherwise, you can file another Chapter 13 two years from the date of your prior filing, with the expectation that you will receive a discharge from your second Chapter 13. You can file Chapter 7 six years after the filing of your Chapter 13.

There are exceptions for the indicated time limitations, so you should speak with a lawyer concerning your case.

Why File Bankruptcy More Than Once?

One strategy we have successfully employed for numerous clients is to first file Chapter 7 bankruptcy, followed by a Chapter 13 bankruptcy. This is sometimes referred to as a Chapter 20. The Chapter 7 can eliminate unsecured debts (such as credit card debts and medical bills). The subsequent Chapter 13 can then be used to eliminate a second mortgage, pay off a car, or reduce mortgage or student loan debt.

There are many other strategies that can accomplish certain goals. Multiple bankruptcy filings do carry some risks, so you should have a clear understanding of the benefits and drawbacks before moving forward.

Contact An Attorney

For a free initial consultation about a second-time bankruptcy filing, contact Minnillo & Jenkins, CO. LPA.

We are a law firm and a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.