How Soon Can I File Bankruptcy After a Chapter 7?
You may file for bankruptcy at any time after originally filing a Chapter 7 discharge. Unfortunately, the new discharge will not occur until a specific waiting time has passed. This waiting time will vary, depending on the type of bankruptcy you plan to file the second time. Enactment of these waiting periods began in 2005, and remains the same as of 2011. Your waiting period begins the day of your original filing and ends at the filing of your second bankruptcy.
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Dismissal
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If your last bankruptcy case resulted in dismissal, then there is no waiting period to file again. You may file for either Chapter 7 or Chapter 13 during any time following the dismissal. Discharge will also be available without any waiting periods other than reasonable times for court hearing and attorney proceedings.
Chapter 7 to Chapter 13
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For Chapter 7 cases, you cannot file for Chapter 13 for four years. The waiting period allows individuals to pay off previous debt from the Chapter 7 case before discharging additional debt with Chapter 13.
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Chapter 13 to Chapter 7
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Chapter 13 requires you to wait six years before filing Chapter 7. Once more, an individual must go through this waiting period before discharging additional debt that may have accrued after the first discharge.
Chapter 7 to Chapter 7
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If you filed Chapter 7 bankruptcy, you must wait eight years before filing Chapter 7 once more. This allows additional time to pay off the debt plan you may have created while filing the first time.
Exception
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If you have not yet met the waiting period, you may still have the ability to file depending on your circumstance. If you own a home that is threatening foreclosure, you may file for Chapter 13. This will not discharge your debt, but will allow you the opportunity to take care of your past mortgage notes in order to become current with your payments.
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References
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