Any individual can file for bankruptcy an unlimited number of times, but they must wait a certain period before they can receive another discharge. The duration of this period depends on which chapter of bankruptcy someone is filing for and which chapter they previously filed.
How Long Do I Have to Wait Between Bankruptcies?
You may have to wait two to eight years before you can file for bankruptcy again. An important detail to keep in mind is that this period is measured in terms of filing dates, not discharge dates. This means that you might already qualify for bankruptcy again, depending on how long your previous case took.
We previously mentioned that waiting periods depend on the types of bankruptcies involved. Here’s a breakdown of how that looks:
- You previously filed for Chapter 13 and need to file for Chapter 13 again: 2 years
- You previously filed for Chapter 7 and need to file for Chapter 13 bankruptcy: 4 years
- You previously filed for Chapter 13 and need to file for Chapter 7 bankruptcy: 6 years
- You previously filed for Chapter 7 and need to file for Chapter 7 again: 8 years
Unless certain exceptions apply to your situation, these are the time periods that must elapse between your last and next bankruptcy filing, regardless of whether or not you received a discharge.
For example, those who intent to file for Chapter 7 after filing for Chapter 13 may not have to wait the full six years. This may be the case for filers who fully paid off unsecured creditors or paid at least 70% of their unsecured debts and previously made good faith efforts to deal with their debt.
Do You Need Help with Bankruptcy?
Buchalter & Pelphrey Attorneys At Law can provide the legal support you need for bankruptcy. This can be a complicated and confusing time, but our team of experienced attorneys are here to help you understand your options and the overall process.
You can get the debt relief you need in bankruptcy; we’re here to help. Contact Buchalter & Pelphrey Attorneys At Law today to learn more.