Prior to the bankruptcy code amendments in 2005, a Debtor could obtain a Chapter 7 discharge more than 6 years after a prior Chapter 7 case was filed, and a Chapter 13 discharge any time after a Chapter 7. The amendments extended that waiting period to 8 years in the case of a subsequent Chapter 7 and 4 years in the case of a subsequent Chapter 13.
Additionally, the amendments created limitations on the automatic stay that normally exists upon filing a case. The Stay is only in effect for 30 days after filing, if a second case is filed within one year of a prior case being open. There is no Stay upon the filing of a third case in that one year period. The second filing stay may be extended and often is. It is also possible to seek imposition of the Stay in a third case but it is a very difficult burden to meet.
Based on your facts, you are not eligible for any type of discharge for at least 4 years after your last one. However, if the proposed new case is purely to cure a secured default such as mortgage arrears, that is permissible with the limitations previously discussed regarding the Stay.
Answered on Jun 12th, 2015 at 12:18 PM