How often can a person file bankruptcy in Oklahoma?

by Dan Nunley

The technical answer is that you can file bankruptcy as often as you like. However, the reason a person generally files bankruptcy is to have debts discharged (forgiven, canceled or wiped out) and there are strict limits on how often a person can receive a bankruptcy discharge.

One of the changes made by the new bankruptcy law passed in 2005 is that the time that must pass between bankruptcy discharges has been lengthened. Under the current law, a debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years. The time periods in either case are measured from the dates the respective cases were filed, not the dates of discharge.

A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years. Again the time periods in either case are measured from the dates the respective cases were filed, not the dates of discharge.

Additionally, you can be barred from filing a new bankruptcy case for 180 days after a previous case is dismissed, if the dismissal (a) was because you willfully failed to abide by an order of the court or to properly prosecute the case, or (b) was at your request after a creditor requested relief from the automatic stay.

If you’re struggling with debt problems and would like to know more about how bankruptcy may be able to help you, contact me today to schedule a FREE initial consultation. Just fill out the Contact Dan form on the far right side of the page and click the Submit button and I’ll get back with you as quickly as I can. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.

{ 4 comments… read them below or add one }

Angela July 29, 2010 at 11:35 am

My husband is disabled and we have lots of medical bills and other debts. We have filed bankruptcy before and received a discharge in 2005. Can we file again? We are a family of four and I am the only one who works and I make $45,000.00 per year before taxes.

Dan Nunley July 29, 2010 at 11:52 am

Angela,

If you filed a Chapter 7 bankruptcy in 2005 and received a Chapter 7 discharge, you aren’t currently eligible for another Chapter 7 discharge. You will need to wait to file another Chapter 7 case until at least 8 years have passed from the date you filed the previous Chapter 7 bankruptcy. At this point in time, you are eligible to file a Chapter 13 bankruptcy. I suggest you contact a knowledgeable bankruptcy attorney near you to discuss the specifics of your situation to see if Chapter 13 bankruptcy would be a possible option for you. I wish you well.

Dan Nunley

Carol Moore February 16, 2011 at 6:48 pm

Mr. Nunley,

I filed a Chapter 7 Bankruptcy on 07/27/2004 at 2:20PM, it was also entered on this date. I an currently divorced and need to file again. This was before 2005 new law was entered. When can I file again must I wait for a chapter 7 for 8 years?

Thanks,
Carol

Dan Nunley February 17, 2011 at 10:13 am

Carol,

You can file another Chapter 7 case at any time. However, if you file another Chapter 7 case before 8 years have elapsed from the date you filed your last case, you will not receive a Chapter 7 discharge in the second case and the discharge is usually why you would be filing the Chapter 7 case to begin with.

Dan Nunley

Leave a Comment