Some of the more common occurrences include: One case pending within 12 months: If you had one prior bankruptcy case pending within the previous 12 months that was dismissed, you could probably file a second case, but the automatic stay will last for only the first 30 days of the latter case.

How long does it take to file Chapter 13 bankruptcy?

Since most Chapter 13 cases that result in a discharge last more than 2 years (three to five years), as a practical matter, most people can file a new Chapter 13 case immediately after they receive a discharge in a Chapter 13 case. Chapter 7. Chapter 13. Must wait 4 years after filing earlier case.

How often do you have to file Chapter 7 bankruptcy?

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.

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. 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.

How long does a bankruptcy stay on your record?

It will stay there for a period of time. A consumer proposal generally stays for three years after the proposal’s finished. A first time bankruptcy generally stays for six years, could be seven years after the bankruptcy’s finished.

What happens if you don’t file for bankruptcy?

Also, if you don’t file all of the paperwork, the bankruptcy court might dismiss your case, or you might have to file additional papers to correct the paperwork and pay more fees. If you leave a creditor out, that debt might not get discharged. And, if you forget to include an asset, the Chapter 7 trustee might find it and take the property.

How often can you file a Chapter 7 bankruptcy?

Or, maybe you filed a Chapter 7 case years ago, received a discharge, but find yourself in financial difficulty again. Although you may have used a bankruptcy filing to get out of prior financial struggles, unfortunately, federal bankruptcy law does limit you on how often you can file a new case.