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Understanding the Limitations on How Many Times You Can File for Bankruptcy

Post by Christopher Migliaccio

There is actually no limit on the number of times you can file for bankruptcy in Texas. However, there is a limit on the number of times the courts will discharge your debts. Most of the time, the only reason people file for bankruptcy is to have their debts discharged, but that isn’t always the case.

How long do I have to wait in between bankruptcy filings?

Perhaps a better question would be, “How long must I wait in between bankruptcy filings?” The answer is it depends on the type of bankruptcy: 

  • Multiple Chapter 7 bankruptcies – Under Title 11 Section §727 of the U.S. Code, you must wait eight years from the day a Chapter 7 bankruptcy was filed to file another one and receive a discharge.
  • Multiple Chapter 13 bankruptcies – Under Title 11 Section §1328 of the U.S. Code, you have to wait at least two years from the day your last Chapter 13 was filed before you can file and receive a discharge for a another one. 

Filing Bankruptcy Cases Under Different Chapters 

If you’re filing under a different chapter the second time around, the following rules apply: 

  • Chapter 7 after Chapter 13 – According to Title 11 Section §727 of the U.S. Code, if your first filing was under Chapter 13, you will not be granted a discharge under a Chapter 7 until at least six years has passed from the date you filed your Chapter 13.
  • Chapter 13 after Chapter 7 – According to Title 11 Section §1328  of the U.S. Code, if your first case was a Chapter 7, you only have to wait four years before filing a Chapter 13. 

Filing for Bankruptcy for Reasons other than Discharge 

Keep in mind that the time limits discussed only pertain to discharges, not to filings. There is no limit to amount of times you can actually file. While seeking a discharge of debts is the most common reason to file for bankruptcy, it’s not the only reason.

Some file for the automatic stay which prevents creditors from collecting on debts. Depending on your circumstances, this could help you stop collection efforts and catch up on your payments. 

Running into Difficulties with Repeat Bankruptcy Filings 

There may be no legal limit on how many times you can file for bankruptcy in Texas but the courts will take a good look at why the debtor is filing for a subsequent bankruptcy. First, let’s review why bankruptcies were written into American law.

The U.S. Courts explain: “A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial ‘fresh start’ from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision: ‘[I]t gives to the honest but unfortunate debtor … a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.’”

If you have filed for bankruptcy multiple times, the courts will have a greater degree of scrutiny when assessing the situation.

Discuss Your Options with a Bankruptcy Attorney 

For questions regarding bankruptcy and how the laws pertain to your situation, contact bankruptcy firm Warren & Migliaccio in Dallas today. We serve clients in Dallas and surrounding areas and will be glad to provide you with a free, no obligation legal consultation. Call our team at today (888) 584-9614.

Article Category: Bankruptcy

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Practice Areas

  • Plano & Richardson, Texas – Bankruptcy Lawyers
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Divorce
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

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3600 Shire Blvd #205
Richardson, Texas 75082

(972) 600-2680

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10440 N Central Expy #800
Dallas Texas 75231

(214) 556-1038

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Warren & Migliaccio, L.L.P.
Warren & Migliaccio, L.L.P.
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Angela MyLife
Angela MyLife
15:02 07 Jun 17
We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.
Emma Radcliff
Emma Radcliff
21:41 02 Jul 16
I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.
Richard Parker
Richard Parker
23:23 27 Jun 16
I worked with Chris Migliaccio to resolve a debt matter. He is a professional and knowledgeable attorney that was easy to work with. He has excellent negotiation skills. I highly recommend him.
Jodi Wiethorn
Jodi Wiethorn
14:54 15 Oct 15
I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!
Sandy Thomas
Sandy Thomas
01:17 03 Feb 15
Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!
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Warren and Migliaccio, LLP
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Angela H.
Angela H.
2015-07-13 09:17:49
They work with the little man. Mrs. Doss is very kind and understanding. She gives her all. Mr. Chris loves helping others and does his job to ensure...
Maria R.
Maria R.
2014-06-12 09:05:00
I searched for a local attorney on Google to prepare some Estate Planning documents and I came across Warren and Migliaccio, LLP. I called the number...
Lauren A.
Lauren A.
2014-07-28 14:15:41
Ryan Bauerle, and everyone at Warren & Migliaccio are top tier attorneys. Ryan is expedient, professional, courteous, and when the situation warrants, a...
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