How Often Can You File Chapter 7?

: Chris Lee Law Firm

  Filed under: Chapter 7

filing againIf you have received a full discharge under Chapter 7 Dallas bankruptcy, but are now facing a fresh pile of unpayable debts, you may be wondering about the rules for filing a second bankruptcy after the first. The good news is that you can file bankruptcy as many times as you like; the bad news is that there are strict laws regarding whether you will receive a discharge – which is generally the point of filing for bankruptcy – based on how much time has elapsed since your last discharge. Here is a basic rundown.

Chapter 7 After Previous Bankruptcy

If your previous bankruptcy was another Chapter 7, you must wait eight years from the date of the previous discharge before you are eligible to receive another discharge. Note that the important date is the date you received your discharge, not the date you filed for bankruptcy. Failure to wait the proper amount of time will probably result in your Chapter 7 case being thrown out, so it is important to note. This eight year rule between bankruptcies does not have any known exceptions; however, you may file a Chapter 13  bankruptcy just 4 years after a Chapter 7 discharge.

If your previous Dallas bankruptcy filing was under Chapter 13, the number is six years. You cannot receive discharge under Chapter 7 until six years have passed since the date of filing the previous Chapter 13. But there are exceptions here. If you have paid 70% of the debts you owed under your Chapter 13 repayment plan, you are eligible to receive a discharge under Chapter 7 even if the six years have not yet elapsed.


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