The debtor is allowed to time the filing of his/her bankruptcy, unless the bankruptcy is an involuntary bankruptcy filed by the creditors.  However, the debtor is not allowed to commit fraud. See my main bankruptcy page for timing issues.

   Federal law limits the times between discharges of bankruptcies.  However, there is no limitation on the number and timing of bankruptcies that can be filed- although there could be a determination of abuse if the filings are excessive. 

   A bankruptcy can be filed, even if the bankruptcy filer cannot obtain (and may not even desire a discharge of debts.)  There can be reasons to file a bankruptcy including:

• Debtor has assets which can eliminate the debt
• Debtor has assets which could be used to pay creditors, but debtor may have problems selling the asset
• Student loans or taxes which in a Chapter 13 could be included and debtor protected for 5 years
• Debts that debtor cannot discharge now, but may be able to file a Chapter 7 during the 5 years for a Chapter 13.

   Time frames between discharges (counted from filing to filing) are:

• 8 years between Chapter 7's.  section 727(a)(8).
• 2 years between Chapter 13's.  section 1328(f)(2).
• 4 years between Chapter 7 and 13.  section 1328(f)(1).
• 6 years between Chapter 13 and 7 (if under 70% plan in Chapter 13).  section 727(a)(9).

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