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Submit Articles   Members Login Email Address: Password: Forgot Password?   Benefits   Expert Authors   Read Endorsements   Editorial Guidelines   Author TOS   Terms of Service   Ezines / Email Alerts   Manage Subscriptions   EzineArticles RSS   Blog   About Us   Contact Us   Article Writing Shop   Advertising   Affiliates   Privacy Policy   Site Map Advanced Search Ads By Google Chapter 7 Bankruptcy Bankruptcy Laws Filing Bankruptcy Bankruptcy Forms Bankruptcy Help Would you like to be notified when a new article is added to the Bankruptcy category? Email Address: Your Name: Prefer RSS? Subscribe to the Bankruptcy RSS Feed:	HOME » Finance » Bankruptcy   How Often Can I File Bankruptcy? By Mark Aalam Mark Aalam Level: Basic San Diego Bankruptcy Lawyer specializing in Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in San Diego County, California. Article Word Count: 481 [View Summary] Comments (0) Ads by Google Ask a Foreclosure Lawyer 14 Foreclosure Lawyers Are Online! Current Wait Time: 14 Minutes. Law.JustAnswer.com/Foreclosure Soc. Security Disability Free Disability Evaluation. Get Immediate Help Now. www.BinderAndBinder.com *Apply For Disability Now Find Out If You Can Get Social Security Disability Right Now! www.Allsup.com/Apply-For-Disability Ads by Google Credit Card Debt Free Find Great Credit Card Offers at Great Rate. www.pronto.com/creditcards File Upload Service Upload Files to Anyone, Anywhere! Fast, Secure & Easy (Free Trial) ShareFile.com/File-Upload-Service Disability SSDI & SSI Receive Full Disability Benefits. Free Case Evaluation & information Attorney.SocialSecurityHome.com Pesquera Law Firm Personal Injury Our Concentration - Free Case Reviews. No Win - No Fee www.pesqueralaw.com/ Separation Agreement Form Create a Separation Agreement to divide property and debts. www.LawDepot.com Florida Chap 7 Bankruptcy Attorney Serving South Florida - Starting at $1,499 plus court costs www.AbogadaFlorida.com Commercial Lawyer Antwerp Commercial-Corporate, Debt Recovery Int'l & Domestic Legal Service www.drmul.com Verhaeghe Law Office Real Estate, Family, Estate, & Corporate Law www.athabascalaw.com Often times clients ask me if they can file bankruptcy twice. There seems to be the mistaken belief among many people, attorneys included, that you cannot file bankruptcy twice or that the Federal Law places a specific limit on the number of times that you can file bankruptcy. Actually, the limits on bankruptcy are not on the number of times that you can file. Rather, The limits on filing bankruptcy are not so much on the number of times that you can "file" but rather on how often you can get a "discharge" of your debts in a bankruptcy case that you have filed. For example, you can file Chapter 7 this year, get a discharge, then file Chapter 13 in two years and the Court will allow the filing. However, you may not be eligible to receive a discharge in the subsequent case. There is a complex set of rules that apply. For example, you can receive a Chapter 7 discharge 8 years after a Chapter 7 filing and 6 years after a Chapter 13 filing. You would need to consult with a highly experienced bankruptcy lawyer who has a strong command of the relevant rules to answer this question properly. In the Chapter 13 context the waiting periods to obtain a discharge are shorter, meaning you have to wait less time after a bankruptcy filing to be able to file a Chapter 13 and obtain a discharge of your debts in that Chapter 13 case. The rules differ depending upon whether your prior case was a Chapter 7 or a Chapter 13 case. There are rules that provide that if you file multiple bankruptcies you receive less benefits in the subsequently filed bankruptcies, such as reduced or non-existent bankruptcy automatic stay, which would primarily affect a Chapter 13 case and not a Chapter 7 case because Chapter 13 is usually filed to obtain the benefit of the automatic stay and stop a foreclosure. So if you are considering bankruptcy and need to file a Chapter 7 Bankruptcy (or under any other Chapter, such as Chapter 13), make sure your lawyer understands that the limits on bankruptcy filings mainly address the number of discharges that you can obtain in given period of time and not the number of times that you can file for bankruptcy protection. So, as you can see, there are many factors that affect whether or not you can file bankruptcy again and what type of relief is available in your subsequent bankruptcy. If you did not receive a discharge in your subsequent bankruptcy, it is very likely that you can file another bankruptcy right away and obtain a discharge of your debts. If you did receive a discharge in your subsequent bankruptcy, then you will have to wait the required number of years in order to obtain a discharge again. Mark Aalam San Diego Bankruptcy Lawyer Mark Aalam is a bankruptcy lawyer and owner of Bankruptcy Legal Center in San Diego, California. He can help you get out of debt and get a fresh start for you and your family. Bankruptcy Legal Center focuses primarily on Chapter 7 Bankruptcy and Chapter 13 debt reorganization, though we can help you file under any appropriate chapter of the Bankruptcy Code. Article Source: http://EzineArticles.com/?expert=Mark_Aalam Ads by Google Get Divorced in 7 Days By Mutual Consent in Dominican Rep. Experts Divorce Attorneys Phlaw.com Free Govt Support Phones Emergencies Happen! Get a Free Phone & 250 Free Minutes. SafeLinkWireless.com Rate This Article: Close Suggest a topic or article headline you would like this author to write about. Submit Close MLA Style Citation: Aalam, Mark "How Often Can I File Bankruptcy?." How Often Can I File Bankruptcy?. 25 Mar. 2011 EzineArticles.com. 13 Apr. 2011 <http://ezinearticles.com/?How-­Often-­Can-­I-­File-­Bankruptcy?&id=6114290>. APA Style Citation: Aalam, M. (2011, March 25). How Often Can I File Bankruptcy?. Retrieved April 13, 2011, from http://ezinearticles.com/?How-­Often-­Can-­I-­File-­Bankruptcy?&id=6114290 Chicago Style Citation: Aalam, Mark "How Often Can I File Bankruptcy?." How Often Can I File Bankruptcy? EzineArticles.com. http://ezinearticles.com/?How-­Often-­Can-­I-­File-­Bankruptcy?&id=6114290 CloseRecommend This Article From: To: Message: Send Most Recent EzineArticles from the Finance:Bankruptcy Category: How To Rebuild Credit After Bankruptcy Which Is Best - Filing Bankruptcy Or Debt Settlement? 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