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How Many Times May You File For Bankruptcy

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  • 11-27-2007, 08:14 PM
    momof2boyz
    How Many Times May You File For Bankruptcy
    How many times can you file BK in the state of CA?

    I have a friend that filed BK in 2001 due to a divorce. She has credit card collections and was recently sued by an attorney who has been garnishing her wages. She cannot survive financially and wants to wipe out her debt again. Can this be done???
  • 11-27-2007, 08:54 PM
    panther10758
    Re: How many times ???
    I believe one can again file for BK (if they learned nothing after first) after ten years. Thats ten years from discharge
  • 11-28-2007, 01:05 AM
    Betty3
    Re: How many times ???
    I assume you are asking about chapter 7 since you posted in the chapter 7 bk forum. re chapter 7:

    The law is not about to let a person bounce from one spending spree to another with bankruptcy functioning as their escape hatch, so for the most part, when you go bankrupt, you can't file again for another 8 years for a chapter 7. Technically, you can file chapter 7 even if you got a bk discharge within the past 8 years -- but there's no sense in doing so. If you got debts wiped out in bk less than 8 years ago, your current financial obligations would not be discharged with a new chapter 7 until 8 yrs. from prior one. (You can file but you won't be able to get a discharge until 8 yrs. from prior discharge.)

    This applies only if the person actually got a discharge in the earlier case. If case was dismissed, the 8 yr. rule doesn't apply & they are free to file anew.

    The 8 yr. rule also doesn't apply is prior bk was chapter 13 & creditors received at least 70% of their claims.
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