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How many times can a person file for Chapter 13 bankruptcy?

On Behalf of | Jul 11, 2019 | Chapter 13

While most people may hope to never have to file for personal bankruptcy during their lifetime, others may successfully use bankruptcy to turn around their financial misfortunes. In the event that they stumble back into monetary troubles after receiving their Chapter 13 discharges, some Tennessee residents may wish to use the legal process again to steady their economic difficulties. While a person can file for Chapter 13 bankruptcy more than once, there are time limits on how close together those filings may be.

If a person has a prior Chapter 13 bankruptcy discharge in their history, they must wait at least two years to receive a second discharge. Their desire to use Chapter 13 bankruptcy may also be impacted by a prior Chapter 7 bankruptcy discharge: when Chapter 7 has been used by a debtor, they must wait at least four years to be granted a discharge from a subsequent Chapter 13 filing.

If a debtor filed for bankruptcy in the past but did not receive a discharge, they also may have to wait to seek protection and a discharge from the Chapter 13 process. When a personal bankruptcy is dismissed, a debtor may have to wait 180 days to refile, depending upon the basis for the dismissal.

In sum, a person can file for Chapter 13 bankruptcy more than once in their lifetime, but, depending upon their timing, they may have to wait. It is important that readers seek independent legal counsel when preparing to use bankruptcy to remedy their financial troubles. This post offers information only and readers should not rely on its contents for any legal advice.