Posts

So, you want to file bankruptcy . . . again.

I’m often asked how many times an individual can file bankruptcy. The answer is there is no limit on how many cases an individual can file. There are rules that certain time periods must follow a from the filing date in a discharged prior bankruptcy case before filing a new case to be eligible for a discharge of debt in the subsequently filed case.

The time periods between the filing date in a discharged prior case and the filing in a new case depend on the type of case being filed and the type of prior case. For example, an individual filing a new Chapter 7 bankruptcy case must be eight years removed from filing date in a prior Chapter 7 case to obtain a discharge of debt in the second case. Other time periods are two years between two Chapter 13 cases, four years between a Chapter 7 filing date and subsequent Chapter 13 case, and six years between the filing date in a Chapter 13 case and a new Chapter 7. There are nuances, exceptions and even reasons to file cases despite these time-frames. Consult an experienced MA bankruptcy lawyer to learn more.