Updated: Sep 30, 2020
If you have filed for bankruptcy, did you know you can refile? There are time restrictions to consider, but the possibility exists.
Filing a Chapter 7 after a previous Chapter 7 discharge
If you want to refile chapter 7 after filing a previous chapter 7 you must wait eight years. If you file prior to the eight-year time frame, you will not get a discharge of those debts.
Filing a Chapter 13 after a Chapter 7 discharge
If you want to file chapter 13 after filing chapter 7 you must wait four years from the date of the filed petition. This is the case only if you received a discharge rather than a dismissal.
Filing a Chapter 7 after a Chapter 13 discharge
If you filed a chapter 13 and received a discharge and now would like to file a chapter 7, you must wait six years.
Filing before the six years is up, you must have paid at least 70% of the plan payments to your unsecured creditors in order to receive a discharge.
Filing a Chapter 13 after a previous Chapter 13 discharge
If you filed a previous chapter 13 and want to file a chapter 13 again, you must wait two years.
What does this mean?
The main thing to consider is that you will not be discharged if you do not wait the entire time frame before filing again. You can get a FREE CONSULT from an attorney to help you make sure you are within the right time to file if you are looking to file again.
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