Q: How many years do I have to wait until I can file Bankruptcy again?
Under the 2005 amendments to the bankruptcy code, a person can't obtain a bankruptcy discharge within eight years of their last bankruptcy discharge. A Ch. 13 can be filed, or a Ch 7 case can be converted to a Ch. 13, if the plan payments will conclude outside the eight year window between the previous discharge.
The foregoing information is for discussion purposes only and should not be construed as legal advice.
A: The 2004 amendments to the U.S. Bankruptcy Code - collectively, the BAPCPA - were designed to make it more difficult for consumers to seek relief in bankruptcy. One way the BAPCA achieved its goal was by extending the minimum required period between bankruptcy discharges. It used to be that you had to wait 7 years after receiving a bankruptcy discharge in order to file a new case. Now you must wait 8 years. Keep in mind that we are talking about 8 years in between the receipt of a discharge (i.e. a successful case) and the filing of a new case: not just the time between filings.
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