Can I file a chapter 7 bankruptcy if I previously declared bankruptcy?

If you previously received a chapter 7 bankruptcy discharge, you cannot successfully do another chapter 7 bankruptcy until 8 years have passed since the date the prior chapter 7 bankruptcy was filed. 

If you previously received a chapter 13 bankruptcy discharge, you cannot complete a chapter 7 bankruptcy until 6 years have passed since the date the chapter 13 bankruptcy was filed.  An exception applies if the prior chapter 13 bankruptcy provided for payment of 100% of your unsecured debt or 70% of the unsecured debt if payment was coupled with “good faith” and “best effort” per 11 U.S.C. §727(a)(9)(B)(ii). 

Can I file a chapter 13 bankruptcy if I previously declared bankruptcy?

If you received a prior chapter 7 bankruptcy discharge, you can’t get a new chapter 13 bankruptcy discharge unless: the chapter 13 bankruptcy is filed at least 4 years after you filed the chapter 7 bankruptcy.  If you have a prior chapter 13 bankruptcy discharge, you can’t get a new chapter 13 bankruptcy discharge unless you file two years after the first chapter 13 bankruptcy was filed. 

There is no bar to filing a chapter 13 bankruptcy before the applicable waiting periods expires.  You would benefit from court protection and from distributing debt over time.  However, if you don’t wait the prescribed period, then your chapter 13 bankruptcy plan will not discharge any portion of your debt that is not actually paid for.  In other words, you wouldn’t get to pay pennies on the dollar.  

What if I wish to re-file for bankruptcy after a dismissal?

The court may dismiss (reject) your bankruptcy petition if you willfully violate its orders.  If your case is dismissed on that ground, you must wait 180 days before re-filing for bankruptcy.  That’s a long time to repent when you’re in dire economic straits.

A 180-day bar to re-filing for bankruptcy also applies if you voluntarily dismissed (withdrew) your bankruptcy petition after a creditor objected to the automatic stay (suspension) of its claim.  At the moment of filing, the automatic stay is issued; it grants immediate protection from collections, repossessions and foreclosures.  Yet, secured creditors can make a motion to the court to lift the stay as it pertains to them. That is called a motion for relief from stay.  A creditor would make such a motion if you were in foreclosure or in default on your auto loan.  There is some delay between the time of filing a bankruptcy petition and the time a secured creditor can lift the automatic stay.  To file for bankruptcy repeatedly would be an attempt to successively exploit that lag time.  Bankruptcy is designed for debtors to complete its requirements and ultimately obtain a discharge of their debt.  It is not designed for enabling serial bankruptcy filings merely to exploit temporary benefits of the automatic stay.  

General Bankruptcy Questions

General Bankruptcy Questions

1. background and chapters
   

2. eliminating debts
   

3. your home
   

4. your car and other property
   

5. exemptions
   

6. credit score
   

7. spouse/co-signers
   

8. automatic stay
   

9. filing for a second time
   

10. residency requirements
    

11. miscellaneous
    

Chapter 7 Bankruptcy

Chapter 13 Bankruptcy

What NOT to do

Why do I need an attorney to file?

Rates and Payment Methods