A Chapter 7 bankruptcy can be discharged once every eight years, while a Chapter 13 bankruptcy can be discharged every two years. But if you get a Chapter 7 discharge, you have to wait six years before getting a Chapter 13 discharge; and if you have a Chapter 13 discharge, you have to wait four years to get a Chapter 7 discharge.
The bankruptcy court keeps a close eye on filings, so if someone keeps racking up credit card debt and coming to bankruptcy court, it can look like they're trying to abuse the system. Thus, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires:
- The person in debt must have a briefing on alternatives to bankruptcy.
- The person in debt must complete a personal financial management course before receiving a discharge.
- A trustee or creditor may also request that a discharge be revoked if there are questions about possible bankruptcy fraud.
