If this is your first bankruptcy and you have no surplus income, you’ll be eligible for an automatic discharge from bankruptcy after nine months—assuming you’ve met all your responsibilities. If you do have surplus income, you will remain in bankruptcy for an additional 12 months so that you may continue making the surplus income payments.If you’re a second-time bankrupt who has no surplus income and you’ve met your responsibilities, you’ll be eligible for an automatic discharge after 24 months. If you do have surplus income requirements, you’ll remain in bankruptcy for an additional 12 months, during which time you’ll continue making payments.