Can I file a Chapter 7 Bankruptcy if I Filed 6 Years Ago?

chapter-7-bankruptcy

Financial distress can sometimes linger like a bad cold that you cannot shake.  What happens if you need to file for bankruptcy a second time.

Can you do so immediately?

Or are there waiting periods?

Let’s look more specifically at the question posed in the title of this article: Can I file a chapter 7 bankruptcy if I filed 6 years ago?

The answer is YES — but that is only half of the story.  Although you may file for bankruptcy again, the real question is what can you achieve in the second case?

Most consumer debtors file for bankruptcy to get a discharge of debt.  If a discharge cannot be achieved, then for the vast majority of debtors, it makes no sense to file for bankruptcy.

If the Prior Case Was a Chapter 7 Case

If your prior case was (a) a chapter 7 case, (b) filed within 8 years before the second chapter 7 case, and (c) was a case in which you were granted a discharge, you most assuredly can file for bankruptcy again, BUT YOU CANNOT GET A DISCHARGE IN THE SECOND CHAPTER 7 CASE.

You can only get a second chapter 7 discharge if the second case was filed eight (8) years or more after the petition date in the first case in which you were granted a discharge.

If, on the other hand, your prior chapter 7 case did not result in a discharge, you can file away without delay and still hope for a discharge in the second chapter 7 case.

If the Prior Case Was a Chapter 13 Case

What if your prior case was a chapter 13 case?  Here the matter is a little more complicated.

You cannot get a discharge in a subsequently filed chapter 7 case if your prior chapter 13 case was commenced within six (6) years of the chapter 7 filing — unless payments under your chapter 13 case  totaled at least 100% of the unsecured claims in the chapter 13 case or 70% of such claims and the plan was proposed in good faith and was the debtor’s best effort.

Stated differently, you generally have to wait for 6 years to file a chapter 7 case after a chapter 13 case in which you were granted a discharge.

If, as before, you did not get a discharge in the prior chapter 13 case, you can file away without delay and still hope for a discharge in the subsequently filed chapter 7 case.

A subsequent post will discuss limitations when the second case is a case under chapter 13 of the Bankruptcy Code.

ATTORNEY ADVERTISING — PAST RESULTS DO NOT GUARANTEE FUTURE OUTCOMES

We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

 

Author: westchesterbankruptcylawyer

https://www.avvo.com/assets/badges-v2.jsLawyer Ted Zink | Featured Attorney Bankruptcy

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