How often can I file for bankruptcy?

In Mississippi, an individual can file for bankruptcy under Chapter 7 or Chapter 13 of the United States Bankruptcy Code. The frequency with which you can file for bankruptcy is dependent upon the chapter under which you file. If you file for Chapter 7 bankruptcy, you can file for bankruptcy every eight years. This means you have to wait eight full years from the date the case is discharged until you can file another Chapter 7 case. For Chapter 13 bankruptcy, the waiting period is more flexible. You can file a Chapter 13 case four years after a previous Chapter 13 case has been discharged. If you filed Chapter 7 previously, you can file a Chapter 13 case after only two years. However, it should be noted that the court may disallow a second filing if the court believes the filing is an attempt to intentionally abuse the bankruptcy system. Additionally, the court can also require you to attend credit counseling sessions before it will allow you to file. In conclusion, for individuals filing in Mississippi, the frequency with which you can file for bankruptcy depends on the type of bankruptcy you are filing and the court’s opinion regarding the case. It is important to speak with legal counsel before making the decision to file for bankruptcy.

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