How many times can someone go bankrupt:

September 5, 2017

There are no set limits on how many times an individual can file for bankruptcy.

However, the outcome on application for discharge may be different for each subsequent bankruptcy.  A first or second time bankrupt is usually entitled to an automatic discharge.  A person filing for three or more times will be required to attend in court for a discharge hearing and will often have their discharge suspended for an extended period.

A first time bankrupt, without surplus income, will usually be bankrupt for 9 months and then entitled to an automatic discharge.  If the first-time bankrupt has surplus income s/he will remain in bankruptcy for a total of 21 months before being entitled to an automatic discharge.

A second time bankrupt, without surplus income, will be bankrupt for 24 months before obtaining an automatic discharge.  A second time bankrupt, with surplus income, will be bankrupt for 36 months before being able to obtain an automatic discharge.

A person filing for a third, or more, time(s) will be required to attend in court for a discharge hearing following at least the same time frames as a second time bankrupt.

As long as they have been discaharged from the previous bankruptcy they may file another – but why would anyone want to?