For many individuals facing overwhelming debt, bankruptcy can provide much-needed relief and a fresh start. But if you've already filed for bankruptcy in the past, you may be wondering, "How often can I file bankruptcy?" or “How often can bankruptcy be filed?” The answer depends on several factors, including the type of bankruptcy you previously filed and your current financial situation.
If you’re based in Missouri and trying to understand how often you can file Chapter 7 or Chapter 13 bankruptcy, contact The Debt Doctors of Missouri to discuss your options.
How Many Times Can You File Bankruptcy in a Lifetime?
The good news is that there is no legal limit on how many times you can file for bankruptcy in your lifetime. Whether you’ve gone through a Chapter 7 or Chapter 13 bankruptcy in the past, you may be eligible to file again. However, the crucial detail lies in the waiting periods required between filings.
How Long Do You Have to Wait Between Bankruptcies?
The waiting period for filing bankruptcy again depends largely on the type of bankruptcy case you previously filed and the type you want to file now. It also varies if you are filing for bankruptcy in Missouri or another state, as local rules may apply.
Filing Chapter 7 Bankruptcy After a Previous Chapter 7
If you successfully filed for Chapter 7 bankruptcy in the past and your debts were discharged, you must generally wait eight (8) years from the date of your previous filing before you can file another Chapter 7 case.
Filing Chapter 7 Bankruptcy After Chapter 13
If you filed for Chapter 13 bankruptcy previously and are now considering a Chapter 7 case, you typically need to wait six (6) years from the date of the original Chapter 13 filing. However, if you paid off all creditors’ claims or a specific portion (at least 70%) of outstanding debts in good faith under your Chapter 13 repayment plan, the six-year rule may not apply.
Filing Chapter 13 Bankruptcy After Chapter 7
For those transitioning from a Chapter 7 bankruptcy to a Chapter 13 bankruptcy, the waiting period is four (4) years. This option is sometimes referred to as a “Chapter 20,” where individuals receive a Chapter 7 discharge but use Chapter 13 shortly after to handle remaining debts or obligations.
Filing Chapter 13 Bankruptcy After Chapter 13
If your previous case involved Chapter 13 bankruptcy and you are considering filing another Chapter 13 case, the minimum wait time is two (2) years. This makes it a relatively faster option for individuals who need ongoing financial adjustment or restructuring.
Special Considerations for Filing in Missouri
While these federal waiting periods apply nationwide, there are some nuances and state-specific rules that Missouri filers should be aware of. That's where working with a local bankruptcy attorney, like the team at Debt Doctors of Missouri, can be invaluable.
- Dismissed Cases: If your previous bankruptcy case was dismissed – meaning your debts weren't discharged – the waiting periods may not apply, and you might be able to file again sooner. However, there can be exceptions to this, such as a mandatory waiting period of up to 180 days if the case was dismissed due to your failure to comply with court orders.
- State-Specific Exemptions: Missouri has its own set of bankruptcy exemptions that protect certain assets from creditors. Understanding these exemptions is crucial to maximizing your financial protection during bankruptcy.
- Local Rules and Procedures: Each bankruptcy court may have its own local rules and procedures. A local attorney will be familiar with these specific requirements, ensuring your case is filed correctly and efficiently.
Factors That Can Affect Your Eligibility to File
Federal law sets general waiting periods for filing bankruptcy, but several factors can influence your eligibility to file and receive a discharge of your debts:
Compliance with Court Orders: If a previous bankruptcy case was dismissed due to non-compliance with court orders (e.g., missing hearings, not providing required documents), you may face a mandatory waiting period of up to 180 days before filing again. Following all court orders and instructions throughout the bankruptcy process is crucial to avoid jeopardizing your case and future eligibility.
Debt Discharge Timing: The waiting periods primarily determine when you can receive another discharge of your debts. You might be able to file a new bankruptcy case sooner to address new debts, but you may not be eligible for a discharge of debts included in your previous case that are still within the applicable waiting period.
Type of Debt and Current Financial Situation: Certain debts, such as child support, alimony, student loans (in most cases), and some tax debts, are generally not dischargeable in bankruptcy. Filing again may not provide relief from these obligations. Carefully consider your current financial situation and goals. If your primary concern is non-dischargeable debts, bankruptcy may not be the most effective solution. Other options, such as debt consolidation or negotiation, might be more appropriate.
Other Factors: For Chapter 7 bankruptcy, you must pass the "means test" to demonstrate that your income is below a certain threshold. If your income exceeds the limit, you may need to file for Chapter 13 instead. Additionally, you must complete credit counseling from an approved agency before filing for bankruptcy and debtor education after filing.
Considering Bankruptcy Again? Speak to an Attorney
Filing for bankruptcy is a difficult but often necessary decision. Whether you're struggling with credit card debt, medical bills, or other financial challenges, understanding how often you can file bankruptcy is critical to making an informed choice. The specifics of your previous filings, including whether they were Chapter 7 cases or Chapter 13 repayment plans, will significantly affect your eligibility.
At Debt Doctors of Missouri, we exclusively handle bankruptcy cases. With years of experience helping clients across Missouri, we can guide you through the complexities of the law and help you decide whether filing again is the right move. Our goal is to offer clarity and compassion as we work toward a better financial future for you and your family.
Contact Debt Doctors of Missouri Today
If you’re considering filing for bankruptcy in Missouri, it’s vital to know your eligibility and the best course of action. Contact us to schedule a free consultation with one of our experienced bankruptcy attorneys. We’ll help answer your questions about how often you can file Chapter 7 in Missouri or how often you can file Chapter 13, so you can make an informed decision with confidence.
