Can I File Bankruptcy Again?

You have filed a bankruptcy before and now you need help with your debts again.  You are wondering when you can file a bankruptcy again and if you can get a discharge of your debts in the new bankruptcy case.

Follow the 2 – 4 – 6 – 8 rule to determine if you can get a discharge in a subsequent bankruptcy.  You count from the filing date of the old petition to the filing date of the new petition.

  • 2 years between 13s –1328(f)(2)
  • 4 years between an old 7 and a new 13  –1328(f)(1)
  • 6 years between an old 13 and a new 7  –729, 727(a)(9)
  • 8 years between 7  –727(a)(8)

Thanks to my blogging colleague from Bankruptcy Law Network, attorney Andy Miofsky of Southern Ilinois, who coined the term 2 -4 -6 – 8 rule.

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About Jill Michaux

Jill Michaux is a Kansas bankruptcy attorney. She can be found on Google+. She and her partner, Mark Neis, are Topeka's only board certified consumer bankruptcy law specialists.