How Often Can You File Chapter 13 Bankruptcy?

How Often Can You File Chapter 13 Bankruptcy?

If you want to file a Chapter 13 now, but you filed a prior bankruptcy, you can file a new Chapter 13 with the following limitations.

 A New Chapter 13 Following A Prior Chapter 7:

  • If you received a discharge in a prior Chapter 7 and you want a discharge in the new Chapter 13, you can file a Chapter 13 four (4) years after the filing date of the prior Chapter 7 case.   [Why would anyone file a Chapter 13 and not want a discharge? – LINK]
  • If you received a discharge in a prior Chapter 7 and but you do not want/need or do not qualify for a discharge in the new Chapter 13, you do not have to wait to file the new Chapter 13.
  • If you did not receive a discharge in that prior Chapter 7 case, the prior case does not necessarily prohibit you from filing a Chapter 13 now.   (It is the entry of a Discharge Order in a prior case that is the critical factor.)

 A New Chapter 13 Following A Prior Chapter 13:

  • If you received a discharge in the prior Chapter 13 and you want a discharge in the new Chapter 13, you can file a new Chapter 13 two (2) years after you filed the prior Chapter 13 case.  HOWEVER, if in that prior case you paid at least seventy percent (70%) of the general unsecured claims, then you do not have to wait at all to file a new Chapter 13 case.
  • If you did not receive a discharge in that prior 13 case, the prior Chapter 13 does not necessarily prohibit you from filing a Chapter 13 now, HOWEVER more than one Chapter 13 case filed/pending within one year of each other may create “automatic stay” issues/limitations in the new case.

FREE INITIAL CONSULTATION

Yes, this can get a little complicated at times.   But, you do not have to do this alone.  We offer a free initial consultation.   If you wonder is you qualify to file a new case given the fact that you filed sometime in the past, I’ll happily answer the question free of charge.   If you would like to read my article on “How Often Can You File A Chapter 7 Bankruptcy”, here you go.  🙂

We are happy to help.  You know where to find us.

 

Comments

  1. Thanks for the advice; I wish that I didn’t need it, but sometimes it can be hard to get back on your feet, you know? You say that if it’s been at least two years from your last chapter 13 you can file again; I think I’ll hit two years in a month or so. I’ll have to look into this more.

  2. Deborah Bynum says:

    I’m in a house that I filed a chapter 13. Am in process of paying through the trustee, but have since adopted a special needs child and feel the house is just too much. I want to see if I can qualify for a townhouse ever I will not be de overwhelmed with the upkeep. I feel so ignorant and have few resources financially, except I have been awarded monthly financial amount until the children’ are 18 guaranteed through the Foster Care subsidy. I just do not have the time to take on all the outside work and I need a townhouse whew the yard and lawn is already taken care of? Is this a pipe dream or how could I see about getting qualified and what woul I need to do first step! Desperate in in Corpus Christi , TX.

    • My sincere apologies for the delay. I hear you. First, you should speak with your attorney about the local process. It sounds like you want to sell your current home and buy a smaller townhouse. Generally, you would need to file a motion with the court and explain what you and doing and why. As long as it is reasonable and would not reduce the amount of money paid to creditors in your case, I imagine your request would be approved. If you are reducing the amount to be paid to creditors, you might well still be approved as long as what you are doing is reasonable. So, ask your attorney for the details. I hope this helps. If you have any further questions, please feel free to respond.

Leave a Comment

*