Waiting Periods If You Have Filed a Previous Bankruptcy Case

/Waiting Periods If You Have Filed a Previous Bankruptcy Case
Waiting Periods If You Have Filed a Previous Bankruptcy Case2018-10-30T17:46:09+00:00

Are you looking for filing Bankruptcy case?

Filing a New Chapter 7 Case

If you received a discharge in the first Chapter 7 bankruptcy case:

  • You have to wait 8 years from the filing date before you can file another 7.

If you received a discharge in a prior Chapter 13 bankruptcy case:

  • The time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case.
    • If you did, there is no waiting period.
    • If you did not, you have to wait 6 years after the filing of the 13.

If you did not receive a discharge:

  • There is no waiting period

Filing a New Chapter 13 Case

If you received a discharge in a prior Chapter 7 case:

  • You can file under chapter 13 case at any time.
  • However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.)

If you received a discharge in a prior Chapter 13 case:

  • There is a 2-year waiting period.
  • Considering nearly every Chapter 13 takes longer than 2 years to complete, this rule rarely applies.

If you did not receive a discharge:

  • There is no waiting period

It is essential that you have competent legal representation from the onset of your case through litigation. Schedule your free initial consultation today and learn about filing bankruptcy.

Call Now