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When can I file bankruptcy again?

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Question: When can I file bankruptcy again?
Answer: The refiling clock starts ticking on the date you filed Chapter 7 bankruptcy but on the date your Chapter 13 bankruptcy was discharged, which would be several years from the date you filed.

You can file Chapter 7 bankruptcy if it’s been 8 years since your previous Chapter 7 bankruptcy discharge or 6 years from your previous Chapter 13 bankruptcy discharge.

You can’t file Chapter 7 bankruptcy if you have another bankruptcy case dismissed within the past 180 days because you violated a court order, committed bankruptcy fraud, or you asked for your bankruptcy to be dismissed after one of your creditor’s requested the automatic stay be lifted.

While you can file a Chapter 13 bankruptcy before the following time limits, you can’t get a Chapter 13 bankruptcy discharge within 2 years of a previous Chapter 13 bankruptcy discharge or 4 years of a previous Chapter 7 bankruptcy discharge. For example, if you had a Chapter 13 bankruptcy discharge in May 2008 and you re-file in December 2008, that bankruptcy can't be discharged until at least May 2012.

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