how often can I file for bankruptcy bankruptcy provides people in financial
trouble an important option for getting their
life back together but there are limits to how often a
person can use this protection the federal government doesn’t want
people using bankruptcy as a money management tool by continuously
running up debt only to repeatedly file for bankruptcy to prevent people from abusing the
system a person can only file for bankruptcy
every few years if a person’s debts have been discharged
as a result of a chapter 7 bankruptcy they cannot be
discharged again under chapter 7 for another eight years if they filed for chapter 13 they must
wait for at least six years before getting relief by filing for chapter 7 a chapter 13 can be filed anytime after
filing a chapter 7 though you may not receive a discharge if the chapter 13 is within four years of
the chapter 7 filing of course bankruptcy provides other
forms of help in addition to discharging debts when filing for bankruptcy protection
something called an automatic stay goes into effect this
prevents creditors from trying to collect on debts or from taking action like foreclosure or
repossession some people have taken advantage of this
protection by repeatedly filing for bankruptcy to
get an automatic stay even though they have no intention of going through with the bankruptcy to help combat this
abuse a bankruptcy automatic stay can now only
last for 30 days if a pending bankruptcy was dismissed
within the last year if two or more cases were dismissed in the
previous year no automatic stay goes into effect for a
third filing in some situations a person may be
prevented from filing for a certain amount of time after a case is dropped for example if a bankruptcy case is dismissed
because the person who filed failed to comply with court request
they may have to wait 180 days to file again these laws are in
place to make sure that bankruptcy is only used for its intended purpose to offer those in financial trouble a clean slate