The Bankruptcy Code allows debtors to file Bankruptcy again. There are no restrictions on the number of bankruptcy cases you can file or when you can file another bankruptcy. However, the code does limit the number of bankruptcies discharges you may receive during a specified period. Filing a bankruptcy and receiving a bankruptcy discharge are two separate and distinct matters.
How long do I have to wait to file bankruptcy again?
- The time you must wait between Chapter 13 cases is two years.
- If your previous bankruptcy was filed as a Chapter 7, and you want to file a Chapter 13, you must wait four years between filings to receive a bankruptcy discharge.
- If your previous bankruptcy case was filed under Chapter 13, you must wait six years before filing a Chapter 7 case to be eligible to receive a bankruptcy discharge.
- The time you must wait between Chapter 7 cases is eight years between Chapter 7 bankruptcy cases to be eligible for another bankruptcy discharge under Chapter 7.
- If you were in a previous Chapter 13 that was a 100% plan, there is no waiting period to file for a Chapter 7 or 13.