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.

2 – 4 – 6 – 8 Rule

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 with Neis Michaux Law Office. She and her partner, Mark Neis, are Topeka's only consumer bankruptcy law specialists. They are board certified by the American Board of Certification.