What is the Interval Required Between Bankruptcy Filings?

Austin, Texas, Board Certified Bankruptcy Lawyer

A debtor may receive a discharge in a Chapter 7 bankruptcy if it is filed more than 8 years from the commencement of a previous chapter 7 filing or 6 years from the commencement of a prior chapter 13 filing. A discharge may not be granted in a Chapter 13 case if it is filed within 4 years of the commencement of a Chapter 7 case that resulted in discharge being granted or within 2 years of the commencement of a Chapter 13 case that resulted in a discharge being granted. Circumstances may exist that make it advisable to file a Chapter 13 bankruptcy even though the debtor is not entitled to receive a discharge. For instance; a debtor who received a discharge in a Chapter 7 bankruptcy 3 years ago might want to file a Chapter 13 bankruptcy case to stop a home foreclosure and cure his mortgage delinquency over five years even though he is not entitled to discharge any of his unsecured debts in the Chapter 13.

Filing multiple bankruptcies can adversely affect your ability to obtain future credit, rent housing and even negatively impact a job application, so any decision to file must be carefully considered.

Free Consultation: Contact Board Certified bankruptcy attorney Fred E. Walker in Austin, Texas, for a debt relief consultation. There is no cost or obligation.