How long do I have to wait to file bankruptcy again?

How long do I have to wait to file bankruptcy again?

If you’ve used Chapter 7 bankruptcy specifically to discharge debts in the past, you must wait eight years before filing another Chapter 7 case. But that doesn’t mean you’re out of options if you’re facing debt again.

Can I file Chapter 13 bankruptcy twice?

If you filed a Chapter 13 and wish to file a second Chapter 13 you will need to wait 2 years from your previous Chapter 13 filing date to be able to get a discharge in the second case.

Can you file bankruptcy twice in a year?

Your reason for filing bankruptcy twice may be that you were denied on the first try. Alternatively, you may have asked for a dismissal before the bankruptcy request was finalized because your financial situation improved. If you change your mind or want to try again a few months later, you can.

Is there a time when it makes sense to file bankruptcy?

Although there are times that it makes sense to file for bankruptcy even though you won’t receive a discharge, these situations are rare (more below). Because a bankruptcy filed too soon will end up being a waste of time and money in most cases, it’s essential to know how to time your bankruptcy filing.

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge.

How often do you have to file Chapter 7 bankruptcy?

Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.

Filing prior to the 8 year waiting period will result in the denial of discharge in the second case and you will be legally liable for all of your debts.

How long does it take to file Chapter 13 bankruptcy?

Since most Chapter 13 cases that result in a discharge last more than 2 years (three to five years), as a practical matter, most people can file a new Chapter 13 case immediately after they receive a discharge in a Chapter 13 case. Chapter 7. Chapter 13. Must wait 4 years after filing earlier case.

How often can you file a Chapter 7 bankruptcy?

Or, maybe you filed a Chapter 7 case years ago, received a discharge, but find yourself in financial difficulty again. Although you may have used a bankruptcy filing to get out of prior financial struggles, unfortunately, federal bankruptcy law does limit you on how often you can file a new case.

What happens if you file for bankruptcy too early?

Sometimes, filing bankruptcy too early can mean losing property you would have otherwise been able to keep, or having to file for Chapter 13 instead of Chapter 7. Other times, you may be able to deal with debt in other ways, and avoid bankruptcy altogether.


If you previously filed a Chapter 7 bankruptcy and want to file Chapter 7 again, the time period is eight years from when you last filed. If you filed Chapter 7 and want to file a Chapter 13, the time period is four years from when you filed Chapter 7.

When is the best time to delay bankruptcy?

In some circumstances, waiting for a certain period of time before you file can help you keep more money, protect the money of another person (such as a relative), increase your chances of qualifying for Chapter 7, and more. Here are some of the situations when it might be best to delay the filing of your bankruptcy petition.

What happens if you file Chapter 7 bankruptcy again?

If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy. Chapter 7 Bankruptcy – If you have received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 8 years from the date you filed your previous Chapter 7 Bankruptcy to file again.

When do I need to file bankruptcy in California?

It is now January 1, 2012 and you want to file for bankruptcy. If you decide to file now, you would have to use California exemptions because you were domiciled there for the relevant 180-day period prior to your bankruptcy (which is July 1, 2009 through December 31, 2009). What Happens If You Don’t Qualify for Any State’s Exemptions?

Can a person file for bankruptcy again after a discharge?

If you have filed for bankruptcy before and received a discharge then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case then you can file for bankruptcy again without consideration of the time limits described below.

How often can you file bankruptcy under the same chapter?

Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13. Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.

How many years can I have between bankruptcies?

How Many Years Can I Have Between Bankruptcies? First Filing Second Filing Time Required Chapter 7 Chapter 7 8 years from the first filing date Chapter 7 Chapter 13 4 years from the first filing date Chapter 13 Chapter 13 2 years from the first filing date Chapter 13 Chapter 7 6 years from the first filing date

Is there a waiting period for Chapter 7 bankruptcy?

If you didn’t receive a discharge, and your case was dismissed, then, there’s no waiting periods. For an individual that has filed for chapter 7 bankruptcy, and is looking to file for chapter 7 bankruptcy again, it’s 8 years between filing dates.

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