How frequently can a person file for bankruptcy?
If a debtor has filed a Chapter 7 bankruptcy and received a discharge, he must wait 8 years before filing another Chapter 7. A debtor cannot receive a discharge in a Chapter 13 case if they received: a) A discharge in a prior case under Chapter 7, 11 or 12 that was filed within four years of the current Chapter 13 b) A Chapter 13 discharge in a case that was filed within two years of filing the current Chapter 13. A “Chapter 20” filing (a Chapter 7 case to eliminate unsecured debt followed immediately by a Chapter 13 case to allow mortgage arrearages to be cured, etc.) should still be available under the above rules because the point of the follow-up Chapter 13 case is usually to repay a mortgage debt, and not to get a discharge from that debt.
