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How Often Can You File?

How Often Can You File Bankruptcy?

Can You File for Bankruptcy Multiple Times?

There are no limits to how many times you can file for bankruptcy, even if you have received a discharge before. If you want to file for bankruptcy again, you will need to wait a certain amount of time before you are able to discharge your debts again. If you file for bankruptcy before the time limits have passed, then it is likely you will not receive a full discharge.

Your ability to file another bankruptcy and thus receive a discharge are dependent on these things:

  • The type of bankruptcy you have previously filed
  • The type of bankruptcy you are seeking to file
  • How your previous bankruptcy was finalized: either through discharge, dismissal, or dismissal with prejudice
  • When you previously filed.

At RHM LAW LLP, we can evaluate your financial situation and advise whether you are eligible to file bankruptcy under any chapter of the Bankruptcy Code. From our offices in Los Angeles and Encino, our attorneys have helped thousands of clients throughout Southern California overcome financial hurdles. We are happy to meet with you in a free consultation and answer all your questions about repeat bankruptcy filings.

How Often Can Someone File for Bankruptcy?

  • Previously Filed Chapter 7 and Filing Chapter 7 Again: If you received a discharge in Chapter 7, you must wait 8 years from the date you filed that case before you can file another Chapter 7 and receive a discharge. The law allows you to file Chapter 7 bankruptcy once every eight years, up to a total of three times in your life.
  • Previously Filed Chapter 13 and Filing Chapter 13 Again: If you received a discharge in Chapter 13, you must wait 2 years from the date you filed that case before you can file another Chapter 13 and receive a discharge. It typically takes three to five years for a Chapter 13 to be complete. Once your first Chapter 13 is closed, you can be eligible for discharge in another Chapter 13 filing. There is no limit to how many times you can file for Chapter 13 bankruptcy. Even if you are currently ineligible to file Chapter 7, you may be able to find relief through Chapter 13 bankruptcy.
  • Previously Filed Chapter 7 and Filing Chapter 13 Now: If you received a discharge in Chapter 7, you must wait 4 years from the date you filed before you proceed with a Chapter 13. This is often called a Chapter 20 bankruptcy, and can be effective for paying off priority debts or catching up on a missed mortgage.
  • Previously Filed Chapter 13 and Filing Chapter 7 Now: If you received a discharge in Chapter 13, you must wait 6 years from the date you filed your previous case before you can file Chapter 7. However, the six year limit does not apply if, during the Chapter 13 you: 1) paid back all of your unsecured debts, or 2) paid back at least 70% of unsecured debts and your plan was proposed in good faith and your best effort.

As an example, you could file Chapter 7 bankruptcy to eliminate most of your unsecured debt. At some point down the road, you could file Chapter 13 bankruptcy, which would allow you to reduce certain payments, eliminate a second mortgage, removal all junior liens and pay off specific debts more quickly than without filing.

Was Your Bankruptcy Case Dismissed with Prejudice Restrictions?

A bankruptcy court can prohibit you from filing another bankruptcy case if the court dismisses your previous bankruptcy with prejudice. “Dismissed with Prejudice” typically means that you failed to obey the court’s orders or tried to abuse the bankruptcy system.

If this happens, a bankruptcy court can prohibit you from filing for another bankruptcy for a longer period of time than those specified above. A court is also able to forever preclude you from discharging debts that might have been discharged in the case that was dismissed with prejudice.

Experienced California Bankruptcy Lawyers

Have you previously filed for bankruptcy relief and are now wondering if you are eligible to file again? The attorneys at RHM LAW LLP can help. Call (213) 344-0043, or contact our firm online to arrange a free consultation.

Our bankruptcy professionals meet with clients from 7:00 a.m. to 7:00 p.m., Monday through Friday. Weekend appointments are also available.

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RHM LAW LLP

Meet Our Los Angeles Bankruptcy Specialists

Client Reviews

What Clients Say About Working With Us
    "I filed bankruptcy with this firm 3 years ago and found that they are professional, friendly, and compassionate."
    I filed bankruptcy with this firm 3 years ago and found that they are professional, friendly, and compassionate. I also met with their loan modification department. Unfortunately, they were unable to help because of the type of loan that I have. I really appreciated that they did not lie, waste my time, or take my money in an attempt to modify a loan that was not doable. I've since used their firm for a couple of minor issues and found all of the attorneys to be knowledgeable and considerate. Attorneys Simon and Resnik are amazing!
    - Shannon J.
    "As the dank blanket of economic uncertainty continues to depress the hopes of many of us, I keep your business cards and number available for others."
    This is to thank you for the exceptional work of you and your fine staff. In managing my bankruptcy and loan modification, a nearly five-year effort, your performance was stellar. I never felt alone or adrift, key concerns in those circumstances. The outcome was outstanding. As the dank blanket of economic uncertainty continues to depress the hopes of many of us, I keep your business cards and number available for others. Without hyperbole, I can attest that you are present a beacon. Thank you so much.
    - K.C.
    "He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults."
    Fantastic office! I want to thank Matt for taking his time with me and sincere in his assistance. He spent over an hour with me for free during our initial consult. I left knowing exactly what's needed. He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults. Affordable and Outstanding firm and thank you for all you have done! My family thanks you!
    - David K.
    "He made me feel like I had options, all was not lost, and I could rebuild my credit."
    Matt is the best bankruptcy attorney in Sherman Oaks. I consulted with Matt over a chapter 7 bankruptcy. I had issues with overwhelming credit card debt after Chase increased it's APR for no reason. It set off a chain of events that were really hurting me. He made me feel like I had options, all was not lost, and I could rebuild my credit after the 7. I had some concerns about a piece of property I was having issues with and Matt also turned out to be a real estate lawyer as well! I recommend this office to anyone who is unsure of their financial situation. It doesn't hurt to find out your options.
    - Max B.
    "Was very impressed with the comprehensive professionalism of the firm..."

    Was very impressed with the comprehensive professionalism of the firm, especially Matthew Resnik... I had suffered through the incompetence of two previous bk lawyers not to mention fees far greater than anticipated, without resolution. Having never gone through bk before, I did not realize how difficult it could be...then, my case was turned over to Mr. Resnik...almost immediately there was a marked positive difference. Where there was little to no communication, all of a sudden I am getting updates...regularly. Further, my case was finally discharged...yet, Mr. Resnik continues to communicate, offer assistance...and, has NEVER asked for additional fees, which I am sure he could have justified...much unlike the two previous attorneys with which I was dealing. I have no reservations, whatsoever, referring and recommending Matthew Resnik for any and all business or personal bk issues...or, other wise. I have no doubt that he will be transparent on helping you regardless of the problem. Good guy.. good firm... a wonderful experience!

    - G.L
    "They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life."
    Matt and his team are the best!!  They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life. I never felt judged or looked down on. They were efficient and really were lifesavers during this tough time. I can not recommend them highly enough!!!!
    - Rusty H.
    "I cannot thank them enough for helping save my home. I would recommend them for anyone that is thinking about filing for bankruptcy or foreclosure on their home."
    I needed a bankruptcy attorney in Sherman Oaks and found Matt Resnik on Google. He has one of the best-reviewed bankruptcy law firms on Yelp so I decided to check it out his law firm for myself. I quickly found out that they are foreclosure specialists and they could help me with my issue. They made the process very easy for me and laid out my options for me. I cannot thank them enough for helping save my home. I would recommend them for anyone that is thinking about filing for bankruptcy or foreclosure on their home. They are the best bankruptcy law firm in Sherman Oaks.
    - Joseph R.
    "Without the support of pro bono attorneys we couldn't do all the work we need to do, and your firm in particular is outstanding."

    Thank you for your great work on behalf of Ms. Johnson. Without the support of pro bono attorneys we couldn't do all the work we need to do, and your firm in particular is outstanding.

    - Skip K.
    "We are very happy that you were able to accomplish the modification of our loan in such a short period of time. Thank you again for your professional service."

    Dear Mr. Resnik: We wanted to thank you for your professional handling of our loan modification with GMAC mortgage. We are very happy that you were able to accomplish the modification of our loan in such a short period of time. Thank you again for your professional service.

    - W and B Mejia

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