How often can I receive a bankruptcy discharge?

In South Carolina, you can generally receive a bankruptcy discharge every 8 years for a Chapter 7 bankruptcy and every 5 years for a Chapter 13 bankruptcy. A bankruptcy discharge is a court order that eliminates most of your debts and prevents creditors from trying to collect them. If you are successful in filing for bankruptcy, you will receive a bankruptcy discharge. The discharge is a permanent order, meaning that creditors are no longer allowed to contact you to collect on the discharged debt. Under the current laws of South Carolina, if you filed for Chapter 7 bankruptcy, you will need to wait 8 years from the date of filing for your discharge to become eligible for a new bankruptcy discharge. On the other hand, if you filed for Chapter 13 bankruptcy, you can receive a discharge after 5 years. However, this time frame could be shorter depending on the specifics of your repayment plan. In regards to obtaining a second bankruptcy discharge, this is possible through the process of “re-filing”. Re-filing entails waiting the appropriate amount of time for the old bankruptcy to be discharged, and then filing a new bankruptcy case to discharge the remaining debts. It is important to note that bankruptcy laws can change over time, so make sure to contact a knowledgeable lawyer in South Carolina to learn more about current rules and regulations.

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