If you have filed for bankruptcy previously, you may be asking when can you file again? The bankruptcy court does not assign any specific number of times that you need to file. Meaning, there are no certain limits of bankruptcy filing. However, if your debts were previously discharged, you must wait for a particular number of years before you are entitled to another discharge again. The condition depends on the following circumstances whether you are entitled to receive a discharge or be able to file for bankruptcy twice.
- The type of bankruptcy you previously filed and wish to file this time
- Your previous bankruptcy case was immediately discharged or dismissed with the court and
- The time frame from the last time you have filed for bankruptcy
The Limits Implement to Discharges and not with Filing
If you file too soon after receiving a discharge for your debts, you are likely hard to receive another discharge. To avoid wasting of time, effort and money for the second filing, it is important to understand the time interval that applies to receiving a second discharge.
Filing for the Same Bankruptcy Case: Chapter 7 and Chapter 13
If you have decided to file for the same bankruptcy type, the time intervals are different depending on the chapters you are aiming for whether it is for successive chapter 13 or chapter 7 bankruptcy.
Filing Chapter 7 Bankruptcy Twice
If you have previously received a chapter 7 discharge, you may require to wait for 8 years from the last time you have filed in the same chapter before you can receive another discharge for the same bankruptcy type.
Filing Chapter 13 Bankruptcy Twice
If you have received the first discharge in this type of plan, you cannot receive another discharge in the same chapter within 2 years from the last time you have filed for bankruptcy. It is hardly difficult to file for another chapter 13 between 2 and 6 years from the last filing. If you have decided to file under this chapter for the second time, it is important to understand some considerations. A chapter 13 can be possibly changed to chapter 7 when the court disapproves your financial plan.
It usually takes 3 to 5 years to complete a chapter 13 repayment plan and receive a discharge after that. However, you can still file for another chapter 13 plan and become entitled to a discharge right away after your first case is closed.
Chapter 13 going to Chapter 7
If you have previously received a discharged under chapter 13 bankruptcy, you may require to wait 6 years from the date of your chapter 13 filing before you can receive a discharge under chapter 7 bankruptcy. However, there is an exemption to this rule. The 6 years’ requirement does not apply to the repayment plan under chapter 13 with the following conditions:
- Wipe all unsecured debts
- Paid at least 70% of unsecured debts and the chapter was submitted in good condition and gives all your best effort to settle the case.
Filing for Other Bankruptcy Types
Time interval on when you are able to receive another discharge depends on the results of your previous filing whether is it under chapter 7 or chapter 13 and the type of bankruptcy you want to file this time.
Looking for a Solution That Requires Your Needs
Questions and concerns like these are very important to understand before filing for another bankruptcy chapter again. We can help you gather all the documents you need for your bankruptcy filing and help you find a better solution for your situation. You don’t have to be ashamed of filing for bankruptcy again, the only issue here is failing for bankruptcy filing.
For a free case evaluation, contact us today and learn more about your options.