Can you file chapter 7 twice?

Answer 1

11 U.S.C. 727(a)(8) says that a person may file a Chapter 7 case unless that person "has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition."

So, one has to wait at least 6 years from the filing date of the most recent prior Chapter 7 for one to be able to file another Chapter 7. It should also be noted that Section (a)(9) also imposes a bar to re-filing a Chapter 7 if someone filed a Chapter 13 in the past 6 years which received discharged unless certain criteria were met in the Chapter 13.

The Bankruptcy Code does not specify a maximum number of times one can file bankruptcy, though Courts will scrutinize multiple filings and will deny a person the ability to re-file a case if the Court believes the person's multiple filings constitute an abuse of the Bankruptcy Code. For example, if a person files multiple cases because they have a medical condition and can't get insurance and medical bills keep piling up, the Court may allow multiple filings. On the other hand, if one keeps charging up credit cards and tries to come back to Court to discharge them, the Court may deny the filing.

Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Answer 2

Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.

Answer 3

You can file for chapter 7 bankruptcy once every eight years forever. The judge can refuse to grant a dismissal and acceptance of your bankruptcy if there is a repeated pattern of deliberately incurring debt then seeking to have it forgiven.

Answer 4

You can file chapter 7 bankruptcy once every seven years, if you otherwise meet the qualifications for filing.

Answer 5

Yes you can