"Can I File Chapter 7 Before 8 Years" Discussion

Upsolve Community Member
This is a good question. You can file more than one bankruptcy in a lifetime. How many times depends on how long it's been since your last bankruptcy case and what type of bankruptcy you filed. Here is an Upsolve article on this topic. https://upsolve.org/learn/how-often-can-you-file-bankruptcy/

Upsolve Community Member
Generally speaking, if you previously filed Chapter 7 and want to file Chapter 7 again- it's 8 years from the day you originally filed 

Upsolve Community Member
Erin shared an article that has all of the different combinations- hope it helps! 

Upsolve Community Member
Sheila, thanks so much for asking! It depends on exactly when you filed- generally speaking, if you originally filed Chapter 7 and plan to file Chapter 7 again, the rule is 8 years from the day you initially filed 

Upsolve Community Member
This article explains this further! https://upsolve.org/learn/how-often-can-you-file-bankruptcy/ 

Upsolve Community Member
Hi Sheila! You might also be interested in the article https://upsolve.org/learn/file-bankruptcy-twice/. Let us know if you have any more questions and we'll do our best to help! 

Upsolve Community Member
Cynthia, this is a great question. Bankruptcy law has rules that limit how often a person can file. To file Chapter 7 bankruptcy again, the rule is 8 years after the date a person initially filed. 

Upsolve Community Member
There's more information in this article! https://upsolve.org/learn/how-often-can-you-file-bankruptcy/ 

Upsolve Community Member
It's different if a person filed a different chapter originally, that article explains all the different combinations! 

Upsolve Community Member
Chapter 7 may not help you stop a foreclosure. The fact that the house is not in your name is also hugely significant. Your best bet for saving your family home from a https://upsolve.org/learn/tax-foreclosure/ is likely talking to a lawyer that knows property tax lien issues in your state. 

Upsolve Community Member
100% agree! It's important to remember that it IS possible to discharge student loans in bankruptcy, but it's not impossible! Just check out https://www.cbsnews.com/news/student-loan-debt-bankruptcy-mis-loe/.

Upsolve Community Member
I 100%% agree with you. Whether the loans are federal or private. I am in the same boat. But if you have ever had a co-signer supposedly the debt goes to them. But I am not sure on that, Just what I was told.

Upsolve Community Member
Hi, Andrea! The link shared doesn’t work. Can you resend? Also, what is the process for discharging student loans post chapter 7 discharge?

Upsolve Community Member
Hmmmm, let me try the non-fancy version of the link: https://www.cbsnews.com/news/student-loan-debt-bankruptcy-mis-loe/

Upsolve Community Member
The process is the same both before and after the discharge is entered: Adversary Proceeding to show the court that it's either not a student loan (and therefore qualifies for discharge) or that it would be an https://upsolve.org/learn/bankruptcy-eliminate-student-debt/ not to discharge the student loan.

Upsolve Community Member
Hi, @Andrea W. My case was discharged today. I can still file an adversary proceeding? Or do I have to wait 8 years to file BK again? I can't afford no lawyer and wouldn't know how to start. Thank you!