Frequently asked questions
How many times can you file bankruptcy?
There is no statutory limit on filings. You can file as many times as you want. But you can only receive a discharge within certain time limits: 8 years between Chapter 7 discharges, 6 years between Chapter 13 and Chapter 7 (with exceptions), 4 years between Chapter 7 and Chapter 13, and 2 years between Chapter 13 discharges. Check 1328f.com for the specific time bars under 11 U.S.C. § 1328(f).
Can a creditor object to my discharge?
Yes. Under 11 U.S.C. § 727(c), the trustee, a creditor, or the U.S. Trustee can object to your discharge. The complaint must be filed within 60 days after the first date set for the 341 meeting under Bankruptcy Rule 4004(a).
What is the difference between discharge denial and nondischargeability?
Discharge denial under § 727 means none of your debts are discharged -- you get no fresh start at all. Nondischargeability under § 523 means specific debts survive while the rest are discharged. You can lose the battle on one debt but still win the war on everything else.
Does a dismissed bankruptcy hurt my credit?
Yes. The filing itself appears on your credit report for 7 to 10 years, regardless of whether it results in a discharge or dismissal. However, a dismissed case may actually look worse than a completed case to some lenders, because it suggests the filing failed.
Can I refile immediately after dismissal?
Usually, unless the court imposed a 180-day bar under § 109(g). But be aware that repeat filings within a year trigger reduced automatic stay under § 362(c)(3)-(4). You may need to file a motion for stay protection in the new case.
What if my Chapter 13 plan is denied confirmation?
You can amend the plan and resubmit it. Most courts allow multiple amendments. If the plan cannot be made to work, you can convert to Chapter 7 (if you qualify) or the case will be dismissed under § 1307(c).
Can I get my filing fee back if the case is denied?
No. Filing fees are not refundable. The Chapter 7 filing fee is $338 and the Chapter 13 filing fee is $313. If you qualify as low-income, you may be able to file a fee waiver application under 28 U.S.C. § 1930(f).