if you have allready filed bankrupcy how long do you have to wait before you can file again?
2 Answers from Attorneys
If it was a chapter 7, you must wait 8 years. If a completed Chapter 13, you must wait 4 years.
If you intend to file a Chapter 7 case:
1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7.
2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13.
3. If you did not receive a discharge, there is no waiting period.
If you are planning to file a Chapter 13 case (which is complicated, so please do not do this alone):
1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.)
2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period — but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies.
3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.
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