Legal Question in Bankruptcy in California

Re: Repeat bankruptcy

I do not believe you can file again for at least 7 years after filing.

Due to the limitations of the LawGuru Forums, Singleton Smith (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: Repeat bankruptcy

Attorney Singleton-Smith is not correct. Technically, you can file as often as you want, however, you cannot obtain another discharge unless you follow the rules set forth in the bankruptcy code. The rules are a little complicated, but here you go:

From a chapter 13 discharge (2005), you can file another chapter 13 two years following your discharge; or you can file a chapter 7 six years following your discharge if 70% or more of claims were paid and the plan was proposed in good faith. There are a whole other set of timelines following a chapter 7 discharge.

From a Chapter 7 discharge, you can file another chapter 7 eight years following your discharge; or four years following a Chapter 13 discharge. Feel free to call me if you have any question or wish to discuss a filing.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.