Chapter 7: Do I Qualify & How Many Times Can I File It?

June 29

If you’re in a tight financial spot, it’s normal you’re inquiring whether or not you qualify for Chapter 7. Also, it’s advisable for you to find out what exactly happens when you file Chapter 7.

On the other hand, depending on your financial situation, you might want to know if you’re eligible for Chapter 13, and what else you should know about Chapter 13 too.

For now, let us stick to explaining the details of Chapter 7, as well as why you should think about hiring a bankruptcy attorney to help ease the path to a successful bankruptcy claim.

How do I know if I qualify for Chapter 7?

How many times can Chapter 7 be filed?

When it comes to filing Chapter 7, you can literally do it as many times and as often as you like. Now, it does sound a bit exaggerated, but it is true if only in strictly legal terms according to the Southern District of California Department of Justice.

There’s nothing stopping you from filing Chapter 7 often. However, perhaps wanting to find out how often you can file Chapter 7 is the wrong thing to ask? Maybe you should be asking another thing entirely – how often you can receive a discharge of all your debts when filing Chapter 7.

How long do you have to wait between Chapter 7 bankruptcies?

As we’ve previously said, you do not have to wait between Chapter 7 bankruptcy claims. However, you should consider how often you can receive a discharge of your debts.

The bankruptcy court will allow a discharge of your debts once every eight years. That’s if you’ve previously filed Chapter 7 or Chapter 11 bankruptcy claims. So, to simplify, you can receive Chapter 7 bankruptcy discharge once every 8 years.

When can I be denied Chapter 7 discharge?

It’s good to know when the bankruptcy court can deny a Chapter 7 bankruptcy discharge:

  • If you’ve filed Chapter 7 or Chapter 11 within the last eight years;
  • If you’ve received Chapter 12 or Chapter 13 discharge within six years;
  • If you’ve attempted to defraud, lied, concealed information, refused to comply with court orders, failed to attend instructional course.

How do I know if I qualify for Chapter 7?

Finally, you also have to know whether or not you qualify to file for bankruptcy under Chapter 7. There are five basic requirements that strongly indicate if you qualify for Chapter 7:

  1. All your debts amount to more than half of your yearly income.
  2. Even by applying extreme measures, it would still take you more than five years to pay off all your debts.
  3. The debt you’ve accumulated is interfering with other everyday aspects of your life, such as your sleep, wellbeing, relationships, etc.
  4. You have no or very little disposable income.
  5. Your monthly earnings rank below your state’s median level. 

These are the five strongest indicators that you do, indeed, qualify for Chapter 7.

How many times can Chapter 7 be filed?

“Where in San Diego can I consult with a seasoned bankruptcy attorney?”

If you’re thinking about filing for bankruptcy under Chapter 7, but you’ve got so many questions about it that not even strolling through Belmont Park can ease your mind, you can relax, because Chang & Diamond are here for you!

We are the leading bankruptcy attorneys in San Diego and we’ll tell you everything you need to know about the process of filing for bankruptcy and help you get through it. Contact us now and schedule a consultation.