Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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While there are no legal limits to the number of times you can file for bankruptcy, strict waiting periods are imposed before you can receive another debt discharge.

These periods depend on the type of bankruptcy filed previously and the chapter you are filing now, and are calculated from the filing date of the previous case, not the discharge date. 

Here’s a breakdown of the rules:

• Chapter 7 after Chapter 7: You must wait 8 years between filings to receive another discharge.
• Chapter 7 after Chapter 13: You must wait 6 years unless specific circumstances apply, such as having paid off all unsecured debts in the previous Chapter 13 case, or paying at least 70% of allowed unsecured claims in a good faith plan representing your best effort.
• Chapter 13 after Chapter 7: You must wait 4 years to receive a discharge.
• Chapter 13 after Chapter 13: You must wait 2 years to receive another discharge. 

Important Notes:

• Automatic Stay: While you may not be eligible for a discharge, you can technically file a bankruptcy case sooner than the waiting periods. However, this typically only offers the benefit of the automatic stay, which temporarily halts collection actions. The court may also scrutinize these filings for potential abuse of the system.
• Dismissal of Previous Case: If a prior bankruptcy was dismissed due to your willful failure to appear or comply with court orders, or you voluntarily dismissed it after creditors sought to recover property, you might be barred from refiling for 180 days. If a case was dismissed with prejudice, you may be barred from refiling for a specific time or potentially forever on the debts existing at the time of the initial filing.

I had a case in which my client filed a Chapter 7 on her own but didn’t complete the credit counseling course, so she was ineligible for a discharge and her case was dismissed. Five years later she came to me with thousands of dollars in medical bills that accrued after her previous filing. She was eligible to refile and receive a discharge because she didn’t previously receive a discharge and none of the other conditions were met in her case. She was fortunate because if she would have had a previous discharge she would have had to file Chapter 13 which can be 6 times as expensive as Chapter 7.

• Credit Counseling: Regardless of previous filings, completing a credit counseling course from an approved agency within 180 days before filing is a requirement for both Chapter 7 and Chapter 13 bankruptcy. 

It is important to remember that these rules are designed to prevent abuse of the bankruptcy system while still providing relief for those facing genuine financial hardship. If you are considering filing for bankruptcy again, it’s highly advisable to consult with Christopher S. Mulvaney to discuss your specific situation and ensure you meet all eligibility requirements. 

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.