QUESTION

I file chapter 13 once, how many years do I have to wait to file bankruptcy again?

Asked on Oct 29th, 2012 on Bankruptcy - New Jersey
More details to this question:
I filed in February 2008.
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16 ANSWERS

Administrative Law Attorney serving Ann Arbor, MI at David J. Hutchinson
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You can file again now.
Answered on Jun 13th, 2013 at 1:27 AM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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From our San Diego bankruptcy website: Can I file bankruptcy a second time (after a prior discharge)? Yes, you can do a repeat bankruptcy filing. The following waiting periods apply IF you received a discharge (successfully finished) your prior bankruptcy, and they apply to the period between (first) filing date to (second) filing date: You can file a chapter 7 bankruptcy eight (8) years after the filing date of a prior chapter 7 that ended in discharge. You can file a chapter 7 six (6) years after the filing date of a chapter 13 that ended in discharge (or less if a high amount of debt was paid in the chapter 13 bankruptcy). You can file a chapter 13 bankruptcy (in order to get a discharge or cancellation of unpaid-for debt) four (4) years after the filing date of a chapter 7 that ended in discharge. You can file a chapter 13 bankruptcy (in order to get a discharge or cancellation of unpaid-for debt) two (2) years after the filing date of a prior chapter 13 that had concluded with discharge. You can file chapter 13 bankruptcy prior to the expirations of the above periods, however you wouldn't be entitled to discharge (cancel) any debt through that second chapter 13 bankruptcy. Some reasons to nonetheless file the repeat chapter 13 bankruptcy (notwithstanding denial of discharge) would be to cure arrears (e.g. delinquent mortgage payments) or to extend payments on secured or non-dischargeable debt (like vehicle or student loans, respectively). Confusing? You betcha. Contact your San Diego bankruptcy attorney to get the answer for your specific case. [Also serving Riverside and Imperial County bankruptcy clients.] Can I file bankruptcy a second time (after a prior dismissal)? If your prior case was dismissed (thrown out or rejected), then the several-year wait-periods that apply to refilling bankruptcy (after a prior case that culminated in discharge) do not apply. However, depending upon the circumstances of the dismissal, restrictions may apply. If you file bankruptcy within one year after dismissal of a prior bankruptcy, then limitations apply to the automatic stay (the protection from creditors which is in effect between the time of filing and the time of discharge). Certain limitations can be overcome by your San Diego Bankruptcy Attorney. We may file motions to extend or instate the automatic stay, so that you have the protection you need. Under certain circumstances, 180-day bars (as in wait period- not open-just-half-the-year watering-holes) may apply and compel you to wait that number of days before refiling. A particular dismissal order may also prescribe particular restrictions. Lesson learned? File with a trusted San Diego bankruptcy attorney to avoid permanent damage.
Answered on Nov 08th, 2012 at 3:51 AM

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Daniel James Wilson
Ch 7 following Ch 78 years Ch 7 following Ch 136 years Ch following Ch 134 years Ch 13 following Ch 132 years All assume a discharge in previous case. Goes from date of filing, not discharge.
Answered on Nov 01st, 2012 at 4:41 PM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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If you want to file another Chapter 13, then there must be two years between the previous Chapter 13 filing and the new Chapter 13 filing. If you wish to file a Chapter 7 after a Chapter 13 discharge, then you need to wait six years from your chapter 13 filing. Contact an attorney to find out the best option for you.
Answered on Nov 01st, 2012 at 4:41 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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If you received a discharge in your chapter 13 you can file another chapter 13 in 2 years and a chapter 7 in 6 years. If prior chapter 13 was dismissed you can file a 7 or 13 anytime.
Answered on Nov 01st, 2012 at 4:40 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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If you received a discharge in your prior chapter 13 then you must wait 6 years to file a chapter 7 or 2 years to file another chapter 13. If you did not receive a discharge then you do not need to wait to file either 7 or 13.
Answered on Oct 31st, 2012 at 3:46 PM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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If you received a discharge in your prior case, the waiting time depends on whether you want (and qualify) to file a Chapter 7 case or a Chapter 13 case. The time limit for filing a Chapter 7 case 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. There is only a 2-year waiting period for filing a new Chapter 13 case - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. On the other hand, if you did not receive a discharge, there is no waiting period. You can file at any time.
Answered on Oct 31st, 2012 at 3:45 PM

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William H. Von Willer
You can file a Chapter 13 but not a Chapter 7.
Answered on Oct 31st, 2012 at 3:44 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can file a Chapter 13 anytime you need to, but if you wish to obtain a discharge of your debts through a Chapter 13, you must wait at least 4 years from your previous filing.
Answered on Oct 31st, 2012 at 3:44 PM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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Depends on if you received a discharge or not; if a debtor receives a Chapter 13 discharge, the debtor must wait 2 years to re-file, or 3 years if the debtor received a discharge under Chapters 7, 11 or 12.
Answered on Oct 31st, 2012 at 3:43 PM

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Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
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While you must wait at least 8 years between filing two chapter 7 (11 USC 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC 1328(f)(2)) 4 years between a 7 and a 13 (11 USC 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
Answered on Oct 31st, 2012 at 3:43 PM

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You may now file any chapter for which you are otherwise qualified. If you did not receive a discharge, then the time limit does not apply at all.
Answered on Oct 31st, 2012 at 3:42 PM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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In general, you can a file a 13 at any time that you are not already in an active bankruptcy. Whether any debts will be discharged in a 13 depends on when a previous was filed IF if it was completed successfully. Whether you can file after a previous case was dismissed may also depend on whether a bar to re-filing was placed on you. You don't give enough facts for me to be sure whether fall into either category.
Answered on Oct 31st, 2012 at 5:45 AM

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Bankruptcy Law Business Attorney serving Asheville, NC
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You can file another 13 now. If you paid at least 70% of the claims in the first case, you can file a 7 now, otherwise the waiting period is 6 years from the date of the filing of the first case.
Answered on Oct 31st, 2012 at 5:44 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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About 6.5 to 7 years.
Answered on Oct 31st, 2012 at 5:30 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you filed in 2008, then you were discharged on 2011 or 2012 or did you not get a discharge. Makes a difference.
Answered on Oct 31st, 2012 at 5:25 AM

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