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.