Understanding Bankruptcy Discharge Timelines: When Can You File Again?
How to Determine Your Eligibility for Another Bankruptcy
How to Determine Your Eligibility for Another Bankruptcy
If you have previously filed for bankruptcy and received a discharge of debts, there are specific rules about how soon you can obtain another discharge in a new bankruptcy case. The waiting period depends on the chapter of the previous bankruptcy, the chapter of the current case, and the time elapsed between the filing dates of the two cases. I think it's best to consult a bankruptcy attorney and refer to Sections 727(a) and 1328(f) of the Bankruptcy Code for detailed guidance. Below are the general rules:
When Can I File Chapter 7 After Chapter 7?
Previous Bankruptcy: Chapter 7
Current Bankruptcy: Chapter 7
Waiting Period: 8 years from the filing date of the prior bankruptcy case.
Applicable Law: Bankruptcy Code Section 727(a)(8).
2. When Can I File Chapter 13 After Chapter 7?
Previous Bankruptcy: Chapter 7
Current Bankruptcy: Chapter 13
Waiting Period: 4 years from the filing date of the prior bankruptcy case.
Applicable Law: Bankruptcy Code Section 1328(f)(1).
3. When Can I File Chapter 7 After Chapter 13?
Previous Bankruptcy: Chapter 13
Current Bankruptcy: Chapter 7
Waiting Period: A 6-year Waiting Period applies if less than 70% of claims were paid (Bankruptcy Code Section 727(a)(9)).
No Mandatory Waiting Period if:
100% of claims were paid in the prior Chapter 13 case (Bankruptcy Code Section 727(a)(9)(A)).
70% of claims were paid, the Chapter 13 plan was proposed in good faith, and it represented the debtor’s best effort (Bankruptcy Code Section 727(a)(9)(B)).
.4. When Can I File 13 After Chapter 13?
Previous Bankruptcy: Chapter 13
Current Bankruptcy: Chapter 13
Waiting Period: 2 years from the filing date of the prior bankruptcy case.
Applicable Law: Bankruptcy Code Section 1328(f)(2).
Rules for Filing Bankruptcy After a Previous Case
These rules outline the timeframes and conditions for obtaining a new discharge following a prior bankruptcy. It is crucial to review the specific details of your situation with a qualified bankruptcy attorney to ensure compliance with legal requirements.