I’ve filed for Chapter 7 Bankruptcy before, When Can I file for Chapter 7 Gankruptcy again in Florida?

I’ve recently met some clients, in my Miami Florida Bankruptcy office, who have asked me when they can file for bankruptcy again.  All of these clients had previously filed for chapter 7 bankruptcy and due to the economy would like to file for bankruptcy again.  While there is no rule on how many times a person can file for bankruptcy, there is a rule stating that a person is not eligible to obtain a discharge (wipeout all of the debts) if they have previously filed for bankruptcy within the last eight years.

Section 737(a)(8) of the bankruptcy code states that “The court shall grant the debtor a discharge unless the debtor has been granted a discharge under this section, under section 1141 of this title or under section 14, 371 or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition.

So what does that mean in English –  If you filed for chapter 7 bankruptcy on June 15, 2003 then you could not file for chapter 7 bankruptcy again until June 16, 2011, you must wait eight (8) years.

If you are thinking of filing for bankruptcy in South Florida and would like to speak with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law. PL by calling 305.741.5553 or 954.309.5559.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation and Sunrise, Florida.

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