Waiting Periods If You Have Filed a Previous Bankruptcy Case
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 with a Cleveland OH bankruptcy lawyer at Benson Law Firm today and learn about filing bankruptcy.