Chapter 7 Discharge and Filing for Bankruptcy

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There is a general belief that one cannot file for bankruptcy more than one time. That’s just not true. I’ve represented dozens of clients that have had to file for bankruptcy more than once for one reason or another, whether it’s divorce, job loss, or health-related reasons.

What is a Bankruptcy Discharge?

A bankruptcy discharge is simply the court order from the bankruptcy judge approving your case. You will receive a hard copy in the mail from the bankruptcy court a few months after your 341 Meeting of Creditors. The 341 Meeting of Creditors is the brief hearing you attend with your bankruptcy attorney with the trustee asking a few questions on your bankruptcy petition.

When Can I Refile for Chapter 7 Bankruptcy?

If you previously filed for a Chapter 7 Bankruptcy and received the bankruptcy discharge, then you can refile for bankruptcy 8 years from the date you initially filed your case.

For example, if you filed your previous Chapter 7 case on January 1, 2010, then you can file for Chapter 7 Bankruptcy again on January 2, 2018.

If you file before that, you will be denied the bankruptcy discharge.

Chapter 13 Versus Chapter 7 Bankruptcy

If you received a discharge in a Chapter 13 bankruptcy, then you must wait 6 years from the date of filing your Chapter 13 in order to file a Chapter 7 bankruptcy.

For example, you filed your Chapter 13 case on September 1, 2010. You can then file a Chapter 7 Bankruptcy as of September 2, 2016. If you never completed your Chapter 13, then you can file at any time.

And to be clear, the limit is NOT two bankruptcies. You can file every 8 years for the rest of your life. I’ve represented numerous clients that have filed for bankruptcy three times.

To file for bankruptcy and get a fresh start, call or text now for your free consultation. Saturday appointments available as well as appointments after 5 p.m.

Attorney Alex Hernandez

Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years. (904) 712-5565 or (305)-688-LAWS (5297). *Se Habla Español

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