How often can you file a Utah bankruptcy?
The frequency with which you can file for bankruptcy in Utah depends on the type of bankruptcy you want to file and the timing of your prior bankruptcy filings.
Here are the general rules regarding the frequency of bankruptcy filings:
- Chapter 7 bankruptcy: You must wait eight years from the date you filed your previous Chapter 7 bankruptcy case before you can file another Utah Chapter 7 case and receive a discharge of your debts.
- Chapter 13 bankruptcy: You can file another Chapter 13 case two years after the date of the filing of a previous Utah Chapter 13 case, assuming that the prior case was discharged. If your previous case was not discharged, you may be able to file a new Utah Chapter 13 case sooner, but you will need to consult with a bankruptcy attorney to determine your options.
- Chapter 7 after a Chapter 13: You can file a Utah Chapter 7 case four years after the date of the filing of a previous Chapter 13 case, assuming that the prior case was discharged.
- Chapter 13 after a Chapter 7: You can file a Utah Chapter 13 case immediately after the date of the filing of a previous Chapter 7 case, assuming that the prior case was not dismissed due to fraud or other misconduct.
It’s worth noting that even if you’re not eligible to receive a discharge of your debts in a subsequent Utah bankruptcy case, you may still be able to file a bankruptcy case to stop collection efforts or to restructure your debts through a repayment plan. However, you will need to consult with a Utah bankruptcy attorney to determine your options based on your specific situation.