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I filed Bankruptcy once before, when can I file again?

| May 26, 2010 | Chapter 13 Bankruptcy, Chapter 7, Life After Bankruptcy |

If you should stumble upon financial hardship again, it is possible to file bankruptcy more than once. There are time limits however.

Chapter 7 – If you filed and received a discharge in a prior Chapter 7 case, you have to wait 8 years after the filing of the prior Chapter 7 before you can file another Chapter 7 case.
– If you filed and received a discharge in a prior Chapter 13 case, you have to wait 6 years after the filing of the prior Chapter 13 before you can file a Chapter 7.

Chapter 13 – If you filed and received a discharge in a prior Chapter 7 case, you are eligible to file a Chapter 13 case without a waiting period. However, if you file the Chapter 13 case within 4 years of the date you filed the prior Chapter 7, you will not receive a discharge in the Chapter 13. In other words, you could use the Chapter 13 to pay mortgage arrears and save your house, but the Chapter 13 will not discharge any debt obligation, including credit cards.
– If you filed and received a discharge in a prior Chapter 13 case, there is a 2 year waiting period from the filing of the prior Chapter 13 case.

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