Park City, UT asked in Bankruptcy for Utah

Q: Is there a cap on how many times you can file bankruptcy?

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1 Lawyer Answer
Michael Sundwall
Michael Sundwall

A: The short answer is: There is no limit to the number of times you can file for bankruptcy protection. You can file a Chapter 7 case (straight discharge) only once every 8 years. However, you can file a Chapter 13 case at anytime, but you must be willing to make at least a small token monthly payment for a minimum of 3 years. You should also be aware that repeated attempts to file Chapter 13 cases that are dismissed can result in the loss of some of the bankruptcy law protections. For example, if you file a Chapter 13 case and it is dismissed because you could not keep current on the monthly bankruptcy payments, you could lose your ability to retain a car or other collateral in a subsequent bankruptcy filing.

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