Legal Question in Bankruptcy in Virginia

times

how many times can someone file bankruptcy.


Asked on 7/19/08, 10:16 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: times

No limit. However, there are three limits that you do need to be aware of. First, there is a minimum wait between cases in order to get a discharge. If you got a discharge in a Chapter 7, you cannot get another one in a case filed within 8 years of the prior case. The times are shorter for Chapter 13. Next, if you filed and the case was dismissed, the automatic stay is limited to 30 days in a case filed within a year of the dismissal (and does not take effect in the 3rd case within a year), and in some cases there is a bar to refiling at all within 6 months. Finally, in Virginia, your homestead exemption is good only once in your life, so if you used it up in a prior case, it will not be available in a future case (if you only partially used it, the balance can be used in a later case).

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Answered on 7/19/08, 10:44 pm


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