Filing a Chapter 13 after a previous Chapter 13 discharge (2 years). If you had a Chapter 13 filing that ended with a discharge and you need to refile Chapter 13 again, you cannot file any sooner than two years from when your previous case was filed.

What happens if you lose your job while in Chapter 13?

If you lose your job during the Chapter 13 repayment period, you can petition the Bankruptcy Court for a modification or a hardship discharge. You use your income to make plan payments to the bankruptcy trustee, usually on a monthly basis.

Can a hardship discharge be done under Chapter 7?

For “Hardship discharge” you creditors should receive the full amount that they would receive under chapter 7. One crucial point is that there should be a drastic downgrade in your income, which leaves you incapable to fulfill disposable repayment needed per month.

How long does it take to file a Chapter 7?

If you filed Chapter 7 and want to file a Chapter 13, the time period is four years from when you filed Chapter 7. If you filed a Chapter 13 and want to file another Chapter 13, the time period is two years from when you last filed. And, if you filed a Chapter 13 and want to file a Chapter 7 the time period is six years from when you filed.

What happens if I file a chapter 13 discharge?

In the case of chapter 13 discharge, you will have to wait for two years before you can file for fresh filing for chapter 13. However, if your chapter 13 is dismissed, you can refile immediately. You can file twice or thrice. However, when you refile the second time within one year, you will get an automatic stay of only one month.

What happens when you let go of a home in Chapter 7?

When you let go of a home in a Chapter 7 case, you’ll remain responsible for property taxes, utility bills, and homeowners’ dues until the home’s title is no longer in your name (in other words, until the lender sells it in foreclosure).