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How often can a bankruptcy be filed?

Question Details:I filed a Chapter 7 bankruptcy in 1996. I am currently considering filing for bankruptcy once again. Is it possible to do so now?

Asked 2 years ago under Bankruptcy | 896 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Yes, you can.

A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years.

A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years.

The time periods in either case are measured from the commencement date; the date of discharge have no bearing.

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