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Castle Law Office

Q
How Many Times Can a Person File Bankruptcy?

A

You can file for bankruptcy as many times as you want, but it doesn’t mean your debts will be wiped out every time. There are waiting periods and laws that determine how often debts can be forgiven.

A Chapter 7 bankruptcy can be discharged once every eight years, while a Chapter 13 bankruptcy can be discharged every two years. But if you get a Chapter 7 discharge, you have to wait six years before getting a Chapter 13 discharge; and if you have a Chapter 13 discharge, you have to wait four years to get a Chapter 7 discharge.

The bankruptcy court keeps a close eye on filings, so if someone keeps racking up credit card debt and coming to bankruptcy court, it can look like they're trying to abuse the system. Thus the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires:
 

  • The person in debt must have a briefing on alternatives to bankruptcy.
  • The person in debt must complete a personal financial management course before receiving a discharge.
  • A trustee or creditor may also request that a discharge be revoked if there are questions about possible bankruptcy fraud.

 

Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.

 

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