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Texas 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. Lawyers engaged in general practice tend to minimize this
important distinction.
Texas Bankruptcy Lawyers - In Practice
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.
All debtors and their attorneys have questions about current laws.
Board certified consumer bankruptcy specialists in Texas refer to the
Code regularly, as well as review slip opinions of new case decisions as
they become available. The process is organic, in that the law,
benefits, rights and duties of debtors changes in response to the
current political environment, and in turn, require a constantly
changing approach in court to gain favor. Also be aware, each debtor and
their attorney are responsible for legal compliance with all Texas
bankruptcy laws regardless of actual knowledge of recent changes. For
this reason, debtors filing pro se seldom achieve the results as
favorable as debtors who are represented by a qualified consumer
specialists who is familiar with current changes and requirements.
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