Can I file Bankruptcy if I have filed in the last 8 years?

by Steven M. Rogers on Jan. 10, 2018

Bankruptcy & Debt Bankruptcy & Debt  Bankruptcy Bankruptcy & Debt  Collection 

Summary: Brief article about availability of bankruptcy protection if an individual has filed a previous case.

The answer is most likely: YES!

Most people, and most information on the internet, says that you can only file bankrutpcy once every 8 years. While the bankruptcy code has some requirements that limit a bankruptcy filer's ability to discharge debt, it does not actually limit your ability to file bankruptcy. This is important for many reasons:

1- If you filed chapter 7 bankruptcy and life dealt you another difficult situation, you can still find protection in the bankruptcy code. In fact, you can qualify to reorganize your debt and possibly even discharge your unsecured debt in chapter 13 after only 4 years from filing chapter 7 bankruptcy.

2- Even if it has been less than 4 years, you are able file a chapter 13 bankruptcy to stop creditor action such as garnishment or bank levies.

3- If you received a discharge in your chapter 7 bankruptcy, a subsequent chapter 13 can help you deal with debt that was not discharged, like student loan debt, nondischargeable  taxes, or domestic support obligations. It gets you 5 years to make payments on these debts while you work toward getting back on your feet financially.

No matter what your creditors, or even other attorneys have told you, you have options!

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