How often can I receive a bankruptcy discharge?

The frequency of receiving a bankruptcy discharge in Minnesota depends on the type of bankruptcy filing. For Chapter 7 bankruptcy, a debtor may receive a bankruptcy discharge any time after eight years have passed since the date of their most recent Chapter 7 bankruptcy discharge. Similarly, for Chapter 13 bankruptcy, a debtor may receive a bankruptcy discharge after six years have passed since the date of their most recent Chapter 13 bankruptcy discharge. However, if a debtor is filing for Chapter 13 bankruptcy for the second time within two years of an earlier filing, then the debtor will not be eligible to receive a discharge until eight years have passed since the earlier filing. It is important to note that, even if the debtor does not receive a bankruptcy discharge, any bankruptcy filing includes automatic stay provisions, meaning that a creditor cannot pursue a debtor for collection of debt. This provides the debtor with some form of relief, even without a discharge. In addition, if a debtor does not receive a discharge, the debtor can still complete their bankruptcy case and receive the benefit of creating a repayment plan, or having a portion of their debt forgiven, depending on the type of bankruptcy filing. As such, a debtor may still receive some form of relief even without receiving a discharge.

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