How Soon Can I File Chapter 7 Again?
If you have already filed Chapter 7 some time ago and you’re wondering “How soon can I file Chapter 7 again?” this article will help answer the question. The following scenarios help determine how soon you can file Chapter 7 again. Look below to find the situation that matches yours.
After Discharge In Chapter 7
If you received a discharge in Chapter 7, you can’t file Chapter 7 again until eight years from the date you FILED the previous Chapter 7. This will enable you to also receive a discharge in the new Chapter 7, which is one of the primary goals of filing bankruptcy.
After A Chapter 7 Without Discharge
If your Chapter 7 case was closed without a discharge, you may be able to file again immediately. In situations where a case is dismissed due to a paperwork error, this is the case. If the case was dismissed for a failure to disclose pertinent information to the court, or for some other more serious reason, you can’t file Chapter 7 again until 180 days after the initial dismissal.
After A Dismissal In Chapter 13
If your Chapter 13 case was dismissed, you should be able to file a Chapter 7 immediately. You should also be able to receive a discharge in that new Chapter 7. A Chapter 7 is distinctly different from a Chapter 13, in that a Chapter 7 is a complete discharge of debt which does NOT require paying your creditors, unless you have too many assets or income. Your attorney will know prior to filing, whether you meet the income and assets requirements for Chapter 7.
After A Discharge In Chapter 13
If you received a discharge in Chapter 13, in order to file a Chapter 7 you must wait six years from the date the Chapter 13 was filed, before you can file for and receive a discharge in the new Chapter 7. There is actually an exception to this rule. If you paid off 70% or more of your unsecured debts in the Chapter 13, you should be able to file a Chapter 7 without waiting for the six years to run.
Further Reading
If you’d like to read more articles about Chapter 7, Chapter 13, Debt Settlement, you can check out our Bankruptcy Blog.
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