How often can I receive a bankruptcy discharge?

In Virginia, a debtor generally is only eligible to receive a bankruptcy discharge once every eight years. This is important because a discharge is a court order that eliminates certain debts. Without a discharge, the debtor would still be liable to pay those debts even after filing for bankruptcy. The eight year waiting period begins on the date the debtor filed their most recent bankruptcy petition. Different types of bankruptcies have different rules and timelines, so some may take longer than eight years before the debtor is eligible for another discharge. Generally speaking, Chapter 7 bankruptcies (also known as liquidation bankruptcies) have a shorter waiting period than Chapter 13 bankruptcies (which is more of a repayment plan). It’s important to note that the eight year period applies only to full discharges. This means that if a debtor files for bankruptcy within the eight year period, they may still be able to seek relief from certain types of debts, but not always a full discharge. Additionally, certain types of debts (such as student loans or certain tax debts) are not eligible for discharge and therefore, the eight year rule does not apply. Ultimately, it’s important to understand all the rules and laws associated with bankruptcy, so that you can decide if bankruptcy is the right move for you. Contacting a qualified legal professional to advise and help you through the process is highly recommended.

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How often can I receive a bankruptcy discharge?

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