Can I file bankruptcy again if I had a prior bankruptcy discharge?

Yes.

For a chapter 7 case, the operable statute is 11 U.S.C. § 727.  Section 727 says that a discharge shall not be granted if a debtor has received a discharge under § 727  in a case commenced within 8 years before the date of the filing of the current bankruptcy case.

For a chapter 13 case, the operable statute is 11 U.S.C. § 1328(f).  Section 1328(f) says that if the debtor received a discharge under a case filed under chapter 7, he may not get a chapter 13 discharge unless 4 years have passed.  If a case was filed under chapter 13 and a discharge entered, the debtor is not eligible for another discharge under chapter 13 for two years.

If you are seeking a Cape Coral Bankruptcy Attorney, call the Rothrock Law Firm at (239) 206-1948.

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