How Often Can a Person File Chapter 7 in California?

You can't refile for Chapter 7 bankruptcy in California or any state for six to eight years.

Eight-Year Rule

Once the court discharges a bankruptcy case under Chapter 7, an individual cannot file under Chapters 7 or 11 for eight years. Individuals cannot file a Chapter 7 bankruptcy for six years after receiving a debt discharge under bankruptcy Chapters 12 and 13 unless they meet certain requirements regarding payment of the debts under those two chapters.

180-Day Rule

If the court dismisses a Chapter 7 bankruptcy case for failure to pursue the case, such as missing court appearances or not submitting necessary evidence, the individual cannot refile under any bankruptcy chapter for 180 days from the dismissal.

Bottom Line

Bankruptcy courts are federal, and the time frames for filing are the same nationwide. The federal bankruptcy courts recommend filers retain qualified attorneys who can help them avoid disadvantageous dismissals and discharges, select the most advantageous chapter and take advantage of additional property exemptions available in their state's laws, including California's.

References

• State of California Franchise Tax Board: Bankruptcy
• U.S. Courts: Bankruptcy Basics
• U.S. Courts: Discharge in Bankruptcy
• U.S. Courts: Chapter 7 Eligibility
• Legal Consumer: California Bankruptcy Exemptions in California

Resources

• U.S. Bankruptcy Court Central District of California
• U.S. Bankruptcy Court for Northern California
• U.S. Bankruptcy Court Southern California
• U.S. Bankruptcy Court Eastern California
• United States Trustee Program and Bankruptcy