How often can I receive a bankruptcy discharge?

In California, the amount of times that you can receive a bankruptcy discharge depends on the type of bankruptcy you file. Generally, you can receive a discharge in a Chapter 7 bankruptcy (i.e., liquidation) eight years after you have obtained a prior discharge in a Chapter 7 bankruptcy. You can receive a discharge in a Chapter 13 bankruptcy (i.e., reorganization) four years after you have obtained a prior Chapter 13 discharge. If your prior bankruptcy was a Chapter 13, you can receive a discharge in a Chapter 7 bankruptcy four years from the date the Chapter 13 was filed. Keep in mind that if you received a prior discharge in a Chapter 7 bankruptcy, you may nevertheless be able to receive a discharge in a Chapter 13 if you meet certain conditions set forth in the Bankruptcy Code. For example, you may be able to file a Chapter 13 bankruptcy if you paid a certain percentage of your unsecured debt in your prior Chapter 7 bankruptcy. It is important to remember that in all cases, the Bankruptcy Trustee or other creditors may challenge your eligibility to receive a discharge by filing an objection to your bankruptcy. Therefore, it is important to consult with an experienced bankruptcy attorney who can help you understand your rights and obligations under the Bankruptcy Code.

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How often can I receive a bankruptcy discharge?

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