If a Bankruptcy Filing Was Never Discharged, How Long Before I Can File Again?

Sometimes, people begin a pro se (do it yourself) Bankruptcy filing with clear intentions. Sometimes, they initiate the process but do not follow it through to completion. Sometimes, those same people find themselves in the exact same financial situation just a few years later and are in even greater need to file for Bankruptcy.

Typically, Bankruptcy law requires an eight year time span before a person can refile for personal Bankruptcy again. But this time restriction is not always set in stone.

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What is a Discharge in Bankruptcy?

A discharge is an Order from the Bankruptcy Court which cancels (i.e. “discharges”) the debts listed by the debtor on the bankruptcy petition and schedules.  Once the discharge is issued, these listed creditors are prohibited from taking any further action to collect on their debts.