We often meet people that have filed for bankruptcy and are considering filing for bankruptcy again.  Many of the people we meet are concerned about filing again, both concerning what legal implications filing for bankruptcy multiple times may carry and with the ability to file a bankruptcy again.  The rules can be a little complicated, but there are some guidelines.  There is not actually a limitation on how often a person may file for bankruptcy, but there are limitations on how often a person may receive a discharge.  Rest assured, that prior to filing a bankruptcy we will verify your eligibility to receive a discharge and we will advise you if there are any issues or complications prior to filing.

As we talk about discharge in a subsequent bankruptcy there are a few things you should keep in mind.  First, these time periods are from filing date to filing date.  For example, if you filed a Chapter 7 on January 1, 2000 you would be eligible to receive another Chapter 7 discharge for any Chapter 7 Bankruptcy filed on or after January 1, 2008.  This is true even though the first bankruptcy would not have been discharged for several months after filing.  Second, there are a number of reasons people consider filing for bankruptcy even if they are not eligible for a discharge.  Bankruptcy can provide effective reorganization, consolidate debts into manageable monthly payments, eliminate wage withholdings and/or garnishments, stop lawsuits, save property from repossession or foreclosure, and protect your assets. 

If you are considering filing for bankruptcy and have previously filed for bankruptcy, you are eligible for discharge when:

  • If you previously filed a Chapter 7 you are eligible for another Chapter 7 discharge after eight (8) years.

  • If you previously filed a Chapter 13 you are eligible for a Chapter 7 discharge after six (6) years.

  • If you previously filed a Chapter 7 you are eligible for a Chapter 13 discharge after four (4) years.

  • If you previously filed a Chapter 13 you are eligible for a Chapter 13 discharged after two (2) years.

If you are considering bankruptcy, even if you do not believe you are eligible for discharge, give us a call.  We can help you evaluate your options and determine if bankruptcy will address your needs.  As always, your initial consultation to discuss your specific needs with one of our experienced bankruptcy attorneys is completely free.  Call your St. Louis Bankruptcy Attorney today to schedule your consultation!