Table of Contents
- Can you file Chapter 7 Twice?
- How Many Years After a Chapter 7 Can I File Again?
- Can I File Chapter 7 Again Before 8 Years?
- How Long Do You Have to Wait Between Bankruptcies?
Can You File Chapter 7 Twice?
The short answer is yes, you can file Chapter 7 bankruptcy more than once. However, there are several restrictions that limit the frequency of filing Chapter 7. In order to file Chapter 7 bankruptcy a second time, a person must wait at least 8 years from the date of filing the first petition. If a petition is dismissed prior to the debtor receiving a discharge, then the clock for the 8-year waiting period resets from the date of the dismissal.
How Many Years After a Chapter 7 Can I File Again?
In general, if you have filed a Chapter 7 bankruptcy and received a discharge, you must wait 8 years before you can file another Chapter 7 bankruptcy. This is known as the 8-year “look back” period. If a debtor has previously filed a Chapter 13 bankruptcy and received a discharge, they must wait 6 years before they can file a Chapter 7 bankruptcy.
Can I File Chapter 7 Again Before 8 Years?
It is possible to file Chapter 7 bankruptcy before the 8-year “look back” period has expired. However, the debtor must overcome a presumption of abuse in order to do so. The court will consider several factors, including the debtor’s current financial situation, the debtor’s recent financial history, and whether the debtor has made an effort to repay their creditors. If the court finds that the debtor has acted in bad faith or has not made an effort to repay their creditors, the court may deny the request to file Chapter 7 again.
How Long Do You Have to Wait Between Bankruptcies?
In general, if you have previously filed a Chapter 7 bankruptcy and received a discharge, you must wait 8 years before you can file another Chapter 7 bankruptcy. If you have previously filed a Chapter 13 bankruptcy and received a discharge, you must wait 6 years before you can file a Chapter 7 bankruptcy. If a previous petition has been dismissed, the clock for the 8- or 6-year waiting period resets from the date of the dismissal.