How Often can I file for Utah Bankruptcy?
Time limits apply to discharges, not filing. So technically you can file as often as you’d like, if you haven’t received a discharge of debt, but the automatic stay rules make excessive filings impractical.
Filing Successive Utah Chapter 7 Bankruptcies:
If you file a Utah chapter 7 bankruptcy and receive a discharge of debt, then you are not eligible to receive another chapter 7 discharge of debt for 8 years from the date of the first bankruptcy’s filing.
Filing Successive Utah Chapter 13 Bankruptcies:
If you received your first discharge under Utah Chapter 13, you cannot receive a second discharge in any Chapter 13 case that is filed within two years from the date that the first case was filed. Normally there wouldn’t be a problem here because chapter 13 cases typically take 3 to 5 years before discharge. So technically you could re-file a chapter 13 bankruptcy right after the original case is closed, unless there are extenuating circumstances, like an early pay-off.
Filing Utah Chapter 13 Bankruptcy, then Utah Chapter 7 Bankruptcy:
If your first discharge was granted under Utah Chapter 13, you cannot receive a discharge under any Utah Chapter 7 case that is filed within six years from the date that the Chapter 13 was filed. The only exceptions to the six-year waiting period are:
- if you paid all unsecured creditors in full in the Chapter 13, or
- if you paid at least 70% of the claims in the Chapter 13 and the plan was proposed in good faith and was your best effort.
Filing Utah Chapter 7 Bankruptcy, then Utah Chapter 13 Bankruptcy:
If your first discharge was granted under Utah Chapter 7, you cannot receive a discharge under any Chapter 13 case that is filed within four years from the date that the Chapter 7 was filed.
What if I don’t receive a Utah Bankruptcy discharge?
If you file Utah bankruptcy but the case is dismissed before your debt is discharged then there is no time limit as to re-filing, you can re-file right away. However, multiple bankruptcy filings can result in the automatic stay being temporary or even suspended. Go to the section on Automatic Stay to learn more.
Contact Pearson Law Firm for a free consultation with an experienced Utah bankruptcy attorney, 801-888-0991.