Filing Chapter 7 Bankruptcy Again If you received your first discharge under a Chapter 7, you are eligible to get a discharge in a new Chapter 7 bankruptcy that is filed more than eight years from the date that the first case was filed.

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.

Can you file bankruptcy after a bankruptcy case?

There’s a good chance that you can file for bankruptcy after having already gone through one. How soon depends on what kind of case you filed earlier and what you’re planning on filing this time. It also depends on whether the earlier case resulted in discharge.

Can you file a chapter 13 bankruptcy if you have a discharge?

For a Chapter 13 bankruptcy, you are not eligible for a discharge if you received a discharge in another Chapter 13 case filed in the prior two years, or in a Chapter 7, Chapter 11 or Chapter 12 case filed in the prior four years. These rules can be difficult to understand.

Is there a time limit to file Chapter 7?

The time limit is only applicable if you got a discharge (not a dismissal) for your Chapter 7 filing. Filing a Chapter 7 after a Chapter 13 discharge (6 years).

When to refile after a Chapter 7 discharge?

Filing a Chapter 13 after a Chapter 7 discharge (4 years). If you need to refile for Chapter 13 bankruptcy after receiving a discharge in a previous Chapter 7 case, you must wait at least four years from the date the previous petition was filed for a complete discharge of your personal loans, medical bills, and credit cards.