Once you have already filed for Chapter 7 bankruptcy, the bankruptcy court will deny a discharge in a subsequent Chapter 7 case if you already received a discharge in your previous Chapter 7 or Chapter 11 case if it was filed within the last eight years.
In simple terms, you can obtain a Chapter 7 bankruptcy discharge every eight years. The eight-year time period starts to run from the date your previous case was filed.
The bankruptcy court will also deny a Chapter 7 discharge if the debtor has previously received a discharge in a Chapter 12 or Chapter 13 case filed within the last six years unless the debtor meets fairly strict requirements regarding the amount of debt she paid back in her Chapter 13 case. Similarly, a debtor is ineligible for a second discharge under Chapter 13 if he or she received a prior discharge in a Chapter 7, 11, or 12 case filed within four years of the current case or in a Chapter 13 case filed within two years of the current case.
Additionally, bankruptcy courts may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U. The court will decide whether such allegations are true and, if so, whether to revoke the discharge. Keep in mind that the mere filing of an adversary proceeding a lawsuit filed in the bankruptcy court seeking to revoke the discharge will require hiring an attorney to answer the allegations of improper conduct. If these allegations are not addressed in a timely fashion, the debtor will lose their discharge by default.
The possibility that a bankruptcy discharge can be revoked highlights the importance of full disclosure to your bankruptcy attorney. Code, you must wait eight years from the day a Chapter 7 bankruptcy was filed to file another one and receive a discharge. Code, you have to wait at least two years from the day your last Chapter 13 was filed before you can file and receive a discharge for a another one. Keep in mind that the time limits discussed only pertain to discharges, not to filings.
There is no limit to amount of times you can actually file. Some file for the automatic stay which prevents creditors from collecting on debts. Depending on your circumstances, this could help you stop collection efforts and catch up on your payments. There may be no legal limit on how many times you can file for bankruptcy in Texas but the courts will take a good look at why the debtor is filing for a subsequent bankruptcy. The U. If you have filed for bankruptcy multiple times, the courts will have a greater degree of scrutiny when assessing the situation.
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Contact Us. Click Here To Call Now. Follow Us. Google Rating. Angela MyLife 07 Jun You would need to ensure you still qualified to file based on other factors such as:. Filing Dates Control: All time periods start and end on the bankruptcy petition filing date for each case, except for cases converted from one chap ter to another.
The discharge date is always irrelevant. If you are facing a dismissal of your case, your attorney should be there to support you in this process. Examples of steps our firm takes to ensure a discharge and avoid dismissals are:. If you re-file within one year, your attorney is required to file a motion petitioning the court to extend your court protection the "automatic stay" protection from creditors foreclosure, etc.
The purpose of the "Motion to Extend the Automatic Stay" is to demonstrate that your new case is filed in good faith. Motions need to be filed on time and supported by an affidavit by the debtor drafted by experienced attorney explaining the circumstances and why the new case presents a better opportunity to succeed. There are certain circumstances that can bar a re-filing when a debtor voluntarily dismisses his or her prior case.
Further, a bankruptcy judge can enter an order barring the re-filing of a case if the judge determines that the filer was abusing the system to hinder or delay creditors versus using it as a tool to reorganize their debts. These orders are rare but a client's eligibility to re-file will always be confirmed when meeting with our attorneys.
For all of these reasons, it is essential to work with an experienced law firm to refile a case. You are eligible to file a Chapter 7 every eight years. The clock is reset from the time your case is filed, not discharged. The court does not require you to narrate or explain your reasons for needing to re-file. If you did not receive a discharge i. If you filed a Chapter 7 and obtained a discharge, but fell into subsequent financial hardship within those eight years, you can file a Chapter 13 at any time.
This would provide you with:. If you file the Chapter 13 at least four years after the Chapter 7 filing, you can eliminate a portion if not the majority of your unsecured debt obligations credit cards, medical bills, etc as well as your second mortgage and received a court discharge from those debts. If you did not reaffirm your second mortgage when you filed your Chapter 7, you may be able to remove the second mortgage from the property with the use of a Chapter 13 whether it has been 4 years since the Chapter 7 or not.
Contacting an experienced bankruptcy attorney should be your first step in the process of exploring your options on how many times can you file bankruptcy. We offer free same-day bankruptcy evaluations. Please call us toll free at or schedule a consultation right now. Contact us now to speak with an experienced debt resolution attorney.
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