Bankruptcy law seeks to balance the needs of honest debtors who need a fresh start from the burdens of their debt and the needs of creditors who want to be repaid money that they loaned to debtors. Accordingly, federal bankruptcy law has specific rules about how long a debtor must wait after a bankruptcy discharge before filing bankruptcy again. When the debtor may be able to file bankruptcy again depends, in part, on what type of bankruptcy was already filed and discharged. A debtor must consider this factor when he decides whether to file a chapter 13 vs chapter 7 bankruptcy.
General Timelines for Filing Subsequent Bankruptcies
Before a bankruptcy trustee hears your case, the bankruptcy trustee will consider when you last filed for bankruptcy and whether you can legitimately file bankruptcy again. In some cases it doesn’t matter whether you previously filed a chapter 13 vs chapter 7 bankruptcy because the same rules apply. Specifically, you may not file for bankruptcy if you had a previous bankruptcy dismissed within the previous 180 days because you willfully failed to appear or you requested the dismissal.
Timelines for Filing Bankruptcy After a Chapter 7 Discharge
You will not be able to file a new Chapter 7 bankruptcy case and obtain a new Chapter 7 bankruptcy discharge if you:
- Obtained a discharge on a Chapter 7 case filed within the last 8 years; or
- Obtained a discharge on a Chapter 13 case filed within the last 6 years.
Timelines for Filing Bankruptcy After a Chapter 13 Discharge
The timelines for filing a new bankruptcy case after a bankruptcy discharge are different if you had previous Chapter 13 discharges. Debtors with previous Chapter 13 discharges will be unable to file and get relief in a subsequent bankruptcy case if the debtor:
- Obtained a discharge on a Chapter 7 case filed within the last 4 years; or
- Obtained a discharge on a Chapter 13 case filed within the last 2 years.
Seek the Advice of an Attorney
If you are a debtor then a bankruptcy attorney can advise you as to whether or not you are eligible to file for bankruptcy. Most bankruptcy lawyers will offer you a free consultation where you can get legal advice and guidance regarding your options.
