Successive Bankruptcy

Many times it may be beneficial to file a second bankruptcy.  Below are the time limits for receiving a second discharge. The limits vary depending on what type of bankruptcy you plan to file (Chapter 7 or Chapter 13) and the type of bankruptcy in which you previously got a discharge.

Chapter 7 then Chapter 7—eight years. If you received a discharge in a Chapter 7 bankruptcy, you cannot get another Chapter 7 discharge unless the second case was filed more than eight years from the date you filed the first Chapter 7 case.

Chapter 13 then Chapter 13—two years. If you received a discharge in a Chapter 13 bankruptcy, you cannot get another Chapter 13 discharge unless the second case was filed more than two years from the date you filed the first Chapter 13 case.

Chapter 13 then Chapter 7—six years. If you received a discharge in a Chapter 13 bankruptcy, you cannot get a discharge in a Chapter 7 case unless you file the second case more than six years from the filing date of the Chapter 13. There is an exception. You can file right away if:

·         you paid 100% of the debt owed to your unsecured creditors in the Chapter 13, or

·         you paid at least 70% of the claims in the Chapter 13 case and you proposed the plan in good faith and used your best effort to repay creditors.

Chapter 7 then Chapter 13—four years. If you received a discharge in a Chapter 7 bankruptcy, you cannot get a discharge in a subsequent Chapter 13 case unless you file the Chapter 13 case more than four years from the filing date of the Chapter 7.