Hopefully, your first bankruptcy filing will be your last, and you’ll be able to start fresh and regain control over your finances. But there are times when people need to file bankruptcy multiple times. For example, someone may have a serious medical condition, but can’t get medical insurance. If the medical bills keep piling up, that person may need to file bankruptcy multiple times to get those bills discharged. Our Las Vegas clients who have filed individual bankruptcies, or who are contemplating filing individual bankruptcies, ask us – how often can we file for bankruptcy?
The Bankruptcy Code does not specify a maximum number of times one can file bankruptcy. Bankruptcy courts are more apt, however, to scrutinize a bankruptcy filing by someone who has already filed previous cases. If the person keeps charging up credit card debt for unnecessary items, the court may dismiss that person’s successive bankruptcy case.
Also, a person may be denied a discharge if he or she received a prior discharge in a previous bankruptcy case. If you file for bankruptcy under Chapter 7, the bankruptcy court may deny your discharge if you already received a discharge in a previous Chapter 7 case filed within eight years of your current case. The court will also deny your Chapter 7 discharge if you previously received one in a Chapter 13 bankruptcy case that you filed within six years of your current case, unless you paid the majority of your creditors in that prior Chapter 13 case. Finally, if you file for bankruptcy under Chapter 13, you’ll be denied a discharge if you received one in a prior Chapter 7 bankruptcy case that was filed within four years of your current case, or in a Chapter 13 case filed within two years of your current case.
There’s a lesson here – if you file for bankruptcy, make sure you do it right, or you may not be able to do it again for a number of years. If you live in the Las Vegas area and are contemplating bankruptcy, contact our experienced and knowledgeable bankruptcy lawyers at 702-880-5554. If you are calling from within Nevada, you can also reach us at 702-880-5554. Our lawyers can provide you with numerous bankruptcy services that will help you get your financial life back on track.