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Debt Destroy

Can I File Bankruptcy More Than Once?


willow Rep Points:
Posted on June 11, 2009 at 6:01 am
If I find myself in the same situation years after I'd like to know if the bankruptcy route can save me again-the economy is not helping my outlook any, I know I sound pessimistic, but hey what can I do, bankruptcy does offer a fresh start. I'd take it anytime if I can...
Posted on June 11, 2009 at 6:09 am
Hey Willow, don't count yourself or the economy out just yet! There are alternatives to bankruptcy you know, that is if you really find yourself in so much debt again years later, which you shouldn't be thinking about. To prevent you from going down the debt road, why not review your budget counseling class? Did you actually attend one of those? Did you actually change your spending habit, your lifestyle, after your first bankruptcy? But okay you may say, what if it's because of unforeseen circumstances that I fall into debt again- then I'd say, yes you can file more than once but it depends on the chapter you are filing and how long it has been since the first discharge.You can file Chapter 7 once every eight years and only for a total of three times in your lifetime. Chapter 13 has no limit as to the number of bankruptcies you can file, and if  you are ineligible to file for Chapter 7 right now, you can try filing Chapter 13.

msissbedingfield Rep Points:
Posted on June 11, 2009 at 6:13 am
I agree with pocketfulofsunshine, bankruptcies can damage your credit report, they stay there for a maximum of 10 years, and your public records for 20. If you can avoid filing again, do so. There are alternatives to bankruptcy. If you find yourself in debt again, try credit counseling or debt settlement. If years later, your post becomes self-fulfilling, come back to this forum and fill out one of those forms. A debt expert would speak with you regarding your financial situation and how to avoid bankruptcy, or you may talk to one now.

peterpanamerican Rep Points:
Posted on June 11, 2009 at 6:15 am
Aren't you a wee bit concerned about your ability to get credit again or a job or an apartment in the future? Bankruptcies have a way of haunting your future you know...via your credit report.

willow Rep Points:
Posted on June 11, 2009 at 6:23 am
Yeah but isn't it prohibited for individuals and employers to discriminate against people like me? But okay, thank you all for your replies, I guess I got so traumatized by my last ordeal that I'm being over vigilant. I just got discharged from Chapter 7 and I haven't really gone out there to see if I'd be discriminated. My family and friends have been great with all the support. What was that law again that says that? I'd pull it out if an employer uses my bankruptcy against me.

tayswift Rep Points:
Posted on June 11, 2009 at 6:34 am
That would be 11 U.S.C.,  Section 525 of the U.S. Bankruptcy Code. It prohibits discrimination against consumers based on their having gone through a bankruptcy. Also when you won't get hired, would not be promoted, or if you get terminated because of your history with bankruptcy, your employer would be in violation of the FCRA (Fair Credit Reporting Act). The only thing with quoting these is perhaps the fact that it would be hard to come up with actual proof that you were discriminated because of your bankruptcy...
Posted on June 11, 2009 at 6:39 am
Don't worry Willow things should look up now that you're discharged. I think instead of thinking bankruptcy again...which might not happen at all, start fixing or repairing your credit instead. Get a copy of your credit report and see if they are accurate.

Steven Rep Points:
Posted on June 11, 2009 at 7:55 am
Willow- keep in mind that if you must wait 8 years to file a Chapter 7 BK again, so that will not even be an option for you at this time. You would even have to wait 4 years (roughly, depending on when you filed for the Chapter 7 awhile back) to file Chapter 13 BK, so it is likely you will need to look into a bankruptcy alternative to find some relief. What is your situation? Is it credit card debt?