How Often Can a Person Claim Bankruptcy?

  1. It Depends on Which Chapter

    • You can file for Chapter 7 bankruptcy (where debts are dismissed) every six years and Chapter 13 bankruptcy (where repayment is made to creditors) every two years, according to Lawyers.com. Also, you can file for Chapter 7 six years after filing for Chapter 13, and a Chapter 13 four years after filing for Chapter 7.

    It Depends on Your Last Filing

    • You can file for bankruptcy whenever you want if the bankruptcy court does not take your case, according to Nolo.com, a legal information website. You must, however, wait 180 days if the court dismisses your case based on fraudulent behavior, such as hiding assets, or violation of some court order.

    Bottom Line

    • Depending on the type of bankruptcy you file for, you must wait at least two years before filing for bankruptcy again, according to Lawyers.com. With Chapter 7, which is the most desirable type of bankruptcy because you can eliminate your debts, you must wait eight years before filing again.

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