Can I file bankruptcy more than once?

Yes. You can file a Chapter 7 petition once every 8 years. You can file a Chapter 13 as needed, however, you can only obtain a discharge upon filing a Chapter 13 if filed after: a) 4 years from a previous Chapter 7, 11 or 12 filing where a discharge was obtained; or b) 2 years from a previous Chapter 13 filing where a discharge was obtained. 11 U.S.C. § 1328(f). In order to strip mortgages or auto loans in Chapter 13, a discharge is required. A debtor may choose to file a Chapter 13, even though unable to obtain a discharge, for the purpose of reinstating a mortgage, automobile loan or other loan or obligation. For further clarification about filing for bankruptcy while unemployed, please feel free to contact us and one of our bankruptcy lawyers in Miami will be happy to help you.

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