How Often Can I File For Bankruptcy?

This question is simply put, but I seldom hear it asked.  No one wants to file bankruptcy one time, much less multiple times.

Here’s how I often hear the question framed:  “I filed bankruptcy in 2006, will another bankruptcy help me save my home?”

If you need bankruptcy protection in Knoxville or Sevierville, then you may be considering a Chapter 7 bankruptcy or a Chapter 13 bankruptcy as a way to stop a foreclosure or wage garnishment.  Commencing with the changes in the Bankruptcy Code on October 17, 2005 the time periods limiting the frequency of both filing a bankruptcy case and obtaining a bankruptcy discharge were changed.

How often can I file?  If you were in a case and a Motion to Vacate the Automatic Stay was filed and sustained (or was pending upon dismissal), then you are not eligible to be a Debtor for 180 days after the dismissal order is entered.  This is a change in previous law.  The result is that your case is subject to dismissal by motion of the Trustee or a Creditor.

Whether you can obtain a discharge (compared with whether you have a right to file a case) is governed by whether you previously obtained a discharge in a Chapter 7 or whether it was obtained in a Chapter 13 case.

You cannot obtain a discharge in a Chapter 7 bankruptcy within 8 years of a preceding filing of a Chapter 7 in which you received a discharge.

If you obtained your discharge in a Chapter 13 case, then you can file another case (and obtain a discharge) after 6 years of a preceding filing for Chapter 13 discharge.

These time periods are set in stone.  However, you should speak with an experience bankruptcy attorney who can evaluate the dates and determine which dates apply to your personal situation.

For more information about bankruptcy protection please view our frequently asked bankruptcy questions section.