Dallas, TX asked in Bankruptcy for Louisiana

Q: Can you file bankruptcy more than once

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Yes, you can file for bankruptcy more than once in your life, but it’s a matter of timing.

Section 109 of the Bankruptcy Code provides-

(g)Notwithstanding any other provision of this section, no individual or family farmer may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if—

(1)

the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or

(2)

the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.

And then there’s Section 727 (specifically, sub-Section 8)

(7)

the debtor has committed any act specified in paragraph (2), (3), (4), (5), or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insider;

(8)

the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

(9)the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least—

(A)

100 percent of the allowed unsecured claims in such case; or

(B)

(i)

70 percent of such claims; and

(ii)

the plan was proposed by the debtor in good faith, and was the debtor’s best effort;

Stuart Nachbar agrees with this answer

Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Counsel W. J. Winterstein Jr. has put it most clearly and even gave you the statutes that you can read for yourself. Well Done sir

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