California Bankruptcy Lawyers - "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. Oddly, this clear mandate is often the subject of dispute among bankruptcy lawyers who attempt to alter the applicable period. Objections to qualification may be filed by the court on it's own motion, the trustee and the trustee's bankruptcy lawyer, creditors or their bankruptcy lawyers, or other parties in interest.

California Bankruptcy Lawyer & Law Firm Practices

If a previous case was filed under chapter 11 or Chapter 13 during the preceding 6 years, the debtor and/or their bankruptcy lawyer 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 by the debtor and bankruptcy lawyer and the payments represented the debtor's best effort. In practice, few debtors or their bankruptcy lawyers file multiple cases. The experience of filing 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.

All prudent debtors have questions about applicable laws before filing. The best source of legal advice is a qualified bankruptcy lawyer with substantial, current experience practicing before federal courts. Because state and federal laws change frequently, the results achieved by bankruptcy lawyers for their clients also change frequently  in direct response to these amendments. Depending upon the personal goals and situation of each debtor, all options may not apply. The best bankruptcy lawyers are intimately familiar with all options, as an assortment of tools, that may be combined creatively to maximize client benefits.

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