If you have filed a bankruptcy in the past, can you file again?

Posted by Benjamin R.. Heston | Jan 07, 2016 | 0 Comments

Successive Bankruptcy Filings

The rules regarding successive bankruptcy filings is actually quite simple.

Chapter 7 –> Chapter 7

If you have filed a Chapter 7 case in which you received a discharge, you cannot file another Chapter 7 case until 8 years have passed since the date that you filed the first case.

  • For instance, if you filed a Chapter 7 case on April 1, 2004 and you received a discharge, you would be ineligible to file another Chapter 7 case until April 2, 2012.

Chapter 7 –> Chapter 13

If you have filed a Chapter 7 case in which you received a discharge, you cannot obtain a discharge in a Chapter 13 case that is filed within 4 years after the Chapter 7 case was filed.

  • For instance, if you filed a Chapter 7 case on April 1, 2004 and you received a discharge, you could not receive a discharge in a Chapter 13 case unless it was filed after April 4, 2008
  • However, there are many benefits that can be had from a Chapter 13 other than the discharge. For instance, if you have lots of unsecured debt and you are behind in arrears on your home, you may be able to file a Chapter 7 bankruptcy to wipe out all of your unsecured debt, and then file a Chapter 13 to deal with the arrears. These are commonly called “Chapter 20 cases” (13 + 7 = 20). This is just one example of how you can use the flexibility of a Chapter 13 plan to restructure your debts.

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