How Often Can You File Bankruptcy? Find Out Here

How Often Can You File Bankruptcy

If you’ve run into a situation where you need to file for bankruptcy in Kansas City more than once, you certainly have a lot of questions. You need guidance through this difficult time in your life. Bankruptcy law limits how often you can file, and it is based on the type of bankruptcy you previously filed as well as the date you received a discharge. How often can you file bankruptcy? 

Learn the differences between filing Chapter 7 and Chapter 13 bankruptcy by reading this blog.

How Often Can You File Bankruptcy?

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There’s no law restricting how many times you can file a bankruptcy in your life, but there is a “waiting period” so to speak in between each filing. Long story short, you can receive a Chapter 7 bankruptcy discharge every eight years. However, the truth is that it’s a bit more complicated than that. You won’t need to wait that long if you filed a different chapter before, Chapter 13, or if you plan to file another chapter in the future.

Filing for Chapter 13

If you previously filed for Chapter 7 discharge, but plan to file for Chapter 13 this time, you only need to wait four years to file again. However, in case you have a previous bankruptcy case for Chapter 13, but plan to file for Chapter 7 this time, you’ll need to wait six years. Lastly, if you filed for Chapter 13 last time and plan to do so again, you only need to wait two years in between filings.

Understanding The Waiting Period

Waiting On Chapter 7 Bankruptcy

As mentioned above, your waiting period depends on the chapter filed previously and the chapter you’ll file next. Remember, you calculate the waiting period using your last bankruptcy’s “filing” date, not the “discharge” date.

You’ll Need a Judge to Approve It

It’s important to point out that if your filings are deemed to be abusive, not done in good faith, or for the sole purpose of delaying or frustrating your creditors, a bankruptcy judge can stop you from filing repeated bankruptcies. If this happens, a judge may dismiss your case with a “one-year bar”, restricting you from filing a bankruptcy petition within the next year.

Kansas City Bankruptcy Lawyers

Kansas City Bankruptcy Attorneys

If all of this listed above sounds a bit tricky, you’re not alone. This is why you need an experienced attorney to help you navigate these muddy waters.
There are a variety of reasons you may need to file for bankruptcy more than once. How often can you file bankruptcy? As Kansas City bankruptcy lawyers, Kentner Wyatt Attorneys At Law is here to guide you through the whole bankruptcy court process. Reach out to our team today to get all the answers you need and legal guidance regarding bankruptcy codes.