While you can file bankruptcy as many times as you like, you can only receive a discharge every so often – usually 8 years from the date you filed your last case and got a discharge. It’s always a good idea to have a free consultation with a bankruptcy lawyer to check on the specifics in your situation – because the truth is – it depends – and the laws also change from time to time. Wiping away debts and getting a fresh start through the bankruptcy discharge is the primary goal of most debtors. The question then is not really “how often can you file for bankruptcy?” as much as it is “how often can you receive a discharge of debts through bankruptcy?” This post will review what you need to know about Chapter 7 and 11 discharges, previous Chapter 12 and 13 bankruptcy discharges, what happens when your discharge is revoked, and when you will need a qualified bankruptcy attorney. How to Get a Discharge in the First PlaceMost debt can be discharged in a personal bankruptcy case, with the exception of student loans and tax debt. So long as you qualify for the bankruptcy chapter under which you file, most consumer bankruptcies filed with the help of an attorney are discharged — and you’ll pay pennies on the dollar for your debt. Your bankruptcy discharge can be denied, however, if you do any of the following:
If you follow the rules of bankruptcy and don’t commit any of the above offenses, your bankruptcy should be in the clear. Frequency of Bankruptcy Discharges for Chapter 7, 11, 12, 13But what happens when you need to file bankruptcy again? Once you have already filed for Chapter 7 bankruptcy, the bankruptcy court will deny a discharge in a subsequent Chapter 7 case if you already received a discharge in your previous Chapter 7 or Chapter 11 case if it was filed within the last eight years. In simple terms, you can obtain a Chapter 7 bankruptcy discharge every eight years. The eight-year time period starts to run from the date your previous case was filed. The bankruptcy court will also deny a Chapter 7 discharge if the debtor has previously received a discharge in a Chapter 12 or Chapter 13 case filed within the last six years unless the debtor meets fairly strict requirements regarding the amount of debt she paid back in her Chapter 13 case. Similarly, a debtor is ineligible for a second discharge under Chapter 13 if he or she received a prior discharge in a Chapter 7, 11, or 12 case filed within four years of the current case or in a Chapter 13 case filed within two years of the current case. Your Bankruptcy Discharge Can Be RevokedAdditionally, bankruptcy courts may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor’s discharge in a Chapter 7 case based on allegations that the debtor obtained the discharge fraudulently, like if you concealed property or failed to keep adequate records. Typically, a request to revoke the debtor’s discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge. Complaints Seeking Revocation of Discharge Will Require Retaining CounselKeep in mind that the mere filing of an adversary proceeding (a lawsuit filed in the bankruptcy court) seeking to revoke the discharge will require hiring an attorney to answer the allegations of improper conduct. If these allegations are not addressed in a timely fashion, the debtor will lose their discharge by default. The possibility that a bankruptcy discharge can be revoked highlights the importance of full disclosure to your bankruptcy attorney. You must inform your bankruptcy attorney of all assets and debts in order to ensure that your discharge is not subsequently challenged. Free Consultation with a Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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ABOUTHi my name is Fiona Rikke and i am Divorce Lawyer at Midvale, UT. Archives
April 2019
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