Florida Bankruptcy Lawyer FAQ - "How many times can I file bankruptcy?"
Debtors may file Chapter 7 only once during any 6 year period.. If a Chapter 7 discharge
was granted within the 6 years preceding the filing of a petition for relief under
Chapter 7, the case must be dismissed. Notice the period of calculation: the end
of the last case, to the beginning of the new case.
Florida Bankruptcy Law FAQ - In Action
If a previous case was filed under chapter 11 or Chapter 13 during the
preceding 6 years, the debtor will not be allowed to receive a discharge of debts
in the subsequent case unless: 1) all the "allowed unsecured" claims in the earlier case were paid in full; or
2) payments under the plan in the earlier case totaled at least 70 percent of
the allowed unsecured claims and the debtor's plan was proposed in good faith
and the payments represented the debtor's best effort. In practice, few debtors file multiple cases. The experience of filing
bankruptcy is usually a once in a lifetime event. Most debtors benefit and learn
from the experience, then take decisive steps to insure against future filings.
Be aware the application of law to each individual is unique. Depending upon personal assets, liabilities,
and financial history, all benefits may not be available. The most successful debtors retain Florida bankruptcy lawyers and plan well in advance.
Through planning, with the assistance of qualified Florida bankruptcy lawyer, optimal timing, selective payments, and exemptions
are most likely to be achieved without question.
Back to Florida Bankruptcy Lawyers FAQ table of contents.
|
|