Once you have filed for bankruptcy, you will no doubt sigh a huge sigh of relief. But years down the road, you may have to do it all over again. Can you - from a legal point of view? Just ask bankruptcy lawyer Patrick Kavanagh, who runs the Law Offices of Patrick Kavanagh pc in Bakersfield, California.
You can file for Chapter 7 bankruptcy every eight years. However, if you have filed a Chapter 7 in the past, you can file a Chapter 13 even though you are not eligible for another Chapter 7. If it is has been four years since your last discharge, you can get a new discharge in the subsequent Chapter 13 case. However, there are some times where you would want to file even though you could not get a discharge.
Car Loan
For example, for somebody who has a car loan, even though he cannot discharge the debt, it still makes a lot of sense to file bankruptcy because he needs to keep his car, and he’s too far behind on his car payments. While he will still be stuck paying perhaps the entire debt on the car, he will at least have something to drive to work.
People get in the situation because there is credit after bankruptcy. The problem for repeat filers is sometimes that they have reaffirmed debts. I had to do Chapter 13s for people who reaffirmed too many debts that they shouldn’t have.
No Limit
There is no limit to the number of times an individual may file for bankruptcy, as long as sufficient time has passed between the last time he filed and the present date. If a bankruptcy case is filed before that time has elapsed, a discharge may not take place.
If you are considering filing for bankruptcy, for the first time or not, it is important to contact a qualified bankruptcy lawyer. We have more than 20 years’ experience in the field, and we aren’t like some larger firms who shuffle you through the system as quickly as possible to get our fees. We give you the special attention you deserve, every time you need it.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
