How Often Can You File Chapter 7 Bankruptcy?

There are specific time restrictions on when you can file certain bankruptcy cases.  For Chapter 7, you can only receive a discharge of certain debts every eight years.  There are also complex rules for filing Chapter 13 subsequently to a Chapter 7.  In the video below, we talk about Chapter 7 in particular and how you should not have to file repetitive cases.

Jesse Barrientes: But after you file a Chapter 7, when can I file a Chapter 7 again?

David Siegel:  You can only file a Chapter 7 and receive a discharge every eight years.

Jesse Barrientes: So if I get my discharge, they’re good for eight years.  So I’m not going to be able to discharge everything until eight years and a day.

David Siegel: Right, well hopefully after you file bankruptcy the first time, you are going to change some of the areas where you are running into problems.  So for example, if you were constantly getting medical bills because you didn’t have medical insurance, now under the Obama plan, you should be able to get insurance.  If you were driving without insurance, hopefully you learn that you can’t do that and you have to get the minimal insurance so that you don’t get suspended.  And also if you’ve been crazy purchasing with a credit card, hopefully you have changed through the counseling and the financial management class that you’re going to be better with cash.  And in fact, with all the stores, your identity is at risk if you use a card.  So you are wise to just use cash basis which is what you’re going to have to do immediately after a bankruptcy case.

 

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