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Virginia Bankruptcy Law - "How many times can I file bankruptcy?"
Debtors may file Chapter 7 only once during any 6 year period.. If a Chapter 7 discharge
was granted within the 6 years preceding the filing of a petition for relief under
Chapter 7, the case must be dismissed. Notice the period of calculation: the end
of the last case, to the beginning of the new case.
Virginia Bankruptcy Law - In Practice
If a previous case was filed under chapter 11 or Chapter 13 during the
preceding 6 years, the debtor will not be allowed to receive a discharge of debts
in the subsequent case unless: 1) all the "allowed unsecured" claims in the earlier case were paid in full; or
2) payments under the plan in the earlier case totaled at least 70 percent of
the allowed unsecured claims and the debtor's plan was proposed in good faith
and the payments represented the debtor's best effort. In practice, few debtors file multiple cases. The experience of filing
bankruptcy is usually a once in a lifetime event. Most debtors benefit and learn
from the experience, then take decisive steps to insure against future filings.
Be aware that all options are not available to all debtors. The availability of alternatives depends on
several factors. State & federal laws change frequently through the legislative process and through court
interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and
customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and
selection of options before filing.
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