How long after Chapter 7 discharge can I file?
Emily Carr
eight years
If you’ve used Chapter 7 bankruptcy specifically to discharge debts in the past, you must wait eight years before filing another Chapter 7 case. But that doesn’t mean you’re out of options if you’re facing debt again.
How long after Chapter 7 Can I file a Chapter 13?
four years
How soon can you file Chapter 13 after Chapter 7? You can file a Chapter 13 bankruptcy four years after a Chapter 7 case. The filing date of your previous Chapter 7 bankruptcy must be at least four years prior to the filing date of your new Chapter 13 bankruptcy case.
What happens if your bankruptcy is discharged?
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
Can you discharge debts in a chapter 13 bankruptcy?
A slightly broader discharge of debts is available to a debtor in a chapter 13 case than in a chapter 7 case.
When to file Chapter 7 or Chapter 13 bankruptcy?
Chapter 13 before Chapter 7. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge. You won’t have to wait that long, however, if you paid unsecured creditors in full in the Chapter 13 case, or,…
Can a hardship discharge be used in Chapter 7 bankruptcy?
Such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control. The scope of a chapter 13 “hardship discharge” is similar to that in a chapter 7 case with regard to the types of debts that are excepted from the discharge.
How often can you file bankruptcy under the same chapter?
Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13. Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.