Legal Question in Bankruptcy in Montana
what is the law
What is the legal status of how many years you have to wait to file bankruptcy if you have filed once.
2 Answers from Attorneys
Re: what is the law
Time interval requirements for Bankruptcy filings are seven (7) years since discharge for Chapter 7, no limit on Chapter 13s (except abuse standard).
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Re: what is the law
The law on successive bankruptcy filings is 11 USC 727(a)(8). Assuming the first BK filing was a chapter 7 and the second will also be a chapter 7, a debtor will not be granted a discharge if they have received a discharge within 6 years of the date of the filing of the second petition. Therefore you will have to wait until the seventh year after the date the first petition was filed. In the case of a chapter thirteen there is no rule against successive filings.
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