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  • Betsi B.starstarstarstarstar5.0
    As embarrassing and humiliating as bankruptcy is, I had no choice but to file. Stiberman Law was the absolute best you could ask for. I didn’t have to guess, wonder what was h Read More
    September 10, 2024logo
  • Ashonta W.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in the Fort Lauderdale area when I came across Stiberman Law. They made sure to always keep in contact with me and were very helpful and know Read More
    July 25, 2024logo
  • Mauricio R.starstarstarstarstar5.0
    I had an outstanding experience with Stiberman Law. The entire bankruptcy process was quicker than I expected, and the staff was consistently friendly and professional. It’s clear Read More
    July 22, 2024logo
  • Betsi B.starstarstarstarstar5.0
    As embarrassing and humiliating as bankruptcy is, I had no choice but to file. Stiberman Law was the absolute best you could ask for. I didn’t have to guess, wonder what was h Read More
    September 10, 2024logo
  • Ashonta W.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in the Fort Lauderdale area when I came across Stiberman Law. They made sure to always keep in contact with me and were very helpful and know Read More
    July 25, 2024logo
  • Mauricio R.starstarstarstarstar5.0
    I had an outstanding experience with Stiberman Law. The entire bankruptcy process was quicker than I expected, and the staff was consistently friendly and professional. It’s clear Read More
    July 22, 2024logo
  • Louisa P.starstarstarstarstar5.0
    Robert and the team at Stiberman Law are truly exceptional. I was faced with the daunting task of navigating bankruptcy, and from the moment I contacted them, I knew I was in good hands Read More
    May 21, 2024logo
  • Arlene S.starstarstarstarstar5.0
    Excellent Lawyer, friendly and on top of things and reliable and efficient. I had to go through bankruptcy twice and I trusted them every time. I had the best experience with Robert and Read More
    March 20, 2024logo
  • Gustavo S.starstarstarstarstar5.0
    I am very satisfied with the service that they offered us. They were very professional and kept us informed at all times. I was looking for a bankruptcy attorney nearby and fount Robert Read More
    March 19, 2024logo
  • Paul B.starstarstarstarstar5.0
    I would like to share the amazing experience I have had with this Law firm. I was on the verge of loosing my house because I had not paid my property taxes. I looked for a Bankruptcy at Read More
    July 10, 2023logo
  • S.M.starstarstarstarstar5.0
    When I say this office was absolutely the best, I am not kidding! They have been absolutely phenomenal. Robert has been the best bankruptcy attorney. The whole team has always kept Read More
    April 20, 2023logo
  • Paula D.starstarstarstarstar5.0
    I was referred by a friend to this bankruptcy attorney. Mr. Stiberman and his staff was very courteous, knowledgeable and very caring towards my concerns. I am pleased with the outcom Read More
    April 18, 2023logo
  • R.P.starstarstarstarstar5.0
    The process was relatively easy, I would recommend Stiberman Law to anyone who finds themselves in need of a bankruptcy attorney.
    February 24, 2023logo
  • Jose N.starstarstarstarstar5.0
    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
    January 20, 2023logo
  • L.L.starstarstarstarstar5.0
    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
    July 20, 2022logo
  • Sam Sstarstarstarstarstar5.0
    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
    October 19, 2022logo
  • K.D.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in Miami, and I found Mr. Stiberman. He and his office were efficient, and they guided me through every step of the process. I am appreciative of Read More
    September 16, 2022logo
  • Carmen C.starstarstarstarstar5.0
    I am so grateful for Stiberman Law, P.A. In 2019 my husband and were faced with a very difficult decision file for Bankruptcy, unfortunately we weren’t able to pay for our credit Read More
    October 26, 2022logo
  • N.M.starstarstarstarstar5.0
    Excellent work from this bankruptcy law firm! I was drowning in debt with my license suspended from a lawsuit I had and thought I would have to spend the rest of my life paying back deb Read More
    August 17, 2022logo
  • R.Z.starstarstarstarstar5.0
    The experience with this office has been great. No problems at all they have kept me straight to doing the right thing and feeling a breeze of peace and being debt free with my bankruptcy.
    August 30, 2022logo
  • F.starstarstarstarstar5.0
    Very happy with Robert and his team. Thanks to them we were able to save our home. Very helpful and knowledgeable in bankruptcy. Best attorney.
    July 28, 2022logo
  • E.R.starstarstarstarstar5.0
    I had a great experience, I just want thank Stiberman law and his team for a great experience also Ana for the help and explaining my case. Appreciate, thank you
    July 25, 2022logo
  • A.B.starstarstarstarstar5.0
    Very good office with my bankruptcy. They have been amazing through this hard process. Very happy with Robert and his staff they are very nice and professional. Thank you stiberman!
    July 23, 2022logo
  • W.J.starstarstarstarstar5.0
    Amazing work by Robert. They are really good with what they do, very attentive and knowledgeable. Customer service and professionalism are top, the lawyer has been great this whole t Read More
    June 25, 2022logo

How Often Can You File Bankruptcy? (2022)

If you filed for bankruptcy once and are still having financial difficulty, you’re not alone. Statistics show that 8 percent of people who file for bankruptcy have done so before. This may leave you wondering how often can you file bankruptcy and how many times can you file bankruptcy. The quick answer is yes you can file more than once, but it can get a little complicated when it comes to how often.

What can make things more tricky is the difference between a bankruptcy dismissal and a discharge. A discharge is a clean finish where you have successfully completed your bankruptcy and received an Order from the bankruptcy judge discharging your debts. With an Order of Discharge you will no longer be liable for your debts. See Discharge in Bankruptcy – Bankruptcy Basics. When a dismissal happens, the case is dismissed and you are still liable for your debts.

We’re going to lay out the rules so that you can make a sound financial decision when it comes to filing for bankruptcy.

What Factors Contribute to How Often and How Many Times You Can File for Bankruptcy?

How many times you can file bankruptcy will depend on the type of bankruptcy you filed, whether you received a discharge, and how long ago. The Bankruptcy Code requires a certain amount of time to pass between filings for individuals seeking a discharge of their debts. This helps to prevent people from filing for bankruptcy every few years. This also prevents people from running up high credit card balances.

Different Types of Bankruptcy

There are several different types of bankruptcy that you can file depending on your financial situation. If you file for Chapter 7 bankruptcy, it will eliminate most debt, without requiring you to repay anything. But, your non-exempt assets may be liquidated to partially repay your debts.

With Chapter 13 bankruptcy, you get to keep all of your property but will have to follow a payment plan to pay your debts. The debts that don’t get paid off from the repayment plan will need to get discharged. Once this happens, you can get a fresh financial start.

There is also Chapter 11 bankruptcy, but it is usually reserved for businesses or those with significant assets.

How Often Can You File Bankruptcy?

How Often Can You File Bankruptcy?

As we mentioned above, if your goal is to receive a discharge of your debts, how often you can file for bankruptcy depends on what type you previously filed, if you received a prior discharge, and what type you plan to file now.

If you have filed Chapter 7 bankruptcy in the past, received a discharge, and want to file for it again, you’ll have to wait 8 years. Under the Bankruptcy Code, this is the longest time between bankruptcy cases. Chapter 7 is the quickest form of debt relief because no repayment plan is necessary.

If you have filed Chapter 7 bankruptcy before, received a discharge, and want to file for Chapter 13 bankruptcy now, you’ll need to wait at least four years from the date of filing – note that this is different from the date of your order of discharge. People who were able to discharge unsecured debts through Chapter 7 bankruptcy and now want to pay off other types of debt, typically file for Chapter 13 bankruptcy

The wait to file Chapter 7 bankruptcy after filing for Chapter 13 bankruptcy where a discharge was received, is 6 years. You may be able to get the waiting period waived if you paid back all of the money owed to your unsecured creditors under your original Chapter 13 bankruptcy repayment plan. Sometimes the waiting period can also be waived if you paid back 70% of your debts. It is also possible to file for Chapter 7 bankruptcy one year after receiving a Chapter 13 discharge since repayment plans can take up to five years in some cases.

Filing Chapter 13 bankruptcy after doing so before will require a two-year waiting period if you have received a discharge and want to file again. Receiving a discharge before finishing a 3-year repayment plan can only happen if an unexpected hardship makes completing the plan impossible.

The Bottom Line

When it comes to how often you can file for bankruptcy and how many times, it depends on when you first filed for bankruptcy as well as the type. The Bankruptcy Code requires a certain amount of time to pass between filings to prevent people from filing every couple of years.

Do You Need a Bankruptcy Attorney?

At Stiberman Law we know that understanding bankruptcy laws can be confusing. That’s why we’re here to help. With more than 13 years of experience in Florida bankruptcy law, we can help sort out the process for you. Call us today at (954) 922-2283 or fill out the form below to get started.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More

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