Q: I have filed bankruptcy before and I would like to know how long do I have to wait before I can file again?
A: The rules vary depending on what chapter you filed, and when you received your discharge. It can range from 5 to 7 years.
A: The answer depends upon the result of your previous case and the goals of your next case. If you received a discharge in your previous case and wish to receive a discharge in your next case, you must wait 8 years after filing a case where you received a Chapter 7 or 11 discharge or 6 years after filing a case where you received a Chapter 12 or 13 case before filing a Chapter 7 case. You must also wait 4 years after filing a case where you received a Chapter 7, 11, or 12 discharge or 2 years after filing a case where you received a Chapter 13 discharge before filing a Chapter 13 case or converting to Chapter 13. If your previous case was dismissed, the time limits do not apply. However, the automatic stay may need to be extended or requested if the previous case were dismissed within the prior year. Finally, if the goal of your next case is only to benefit from the automatic stay, and not to receive a discharge, the time limits again do not apply, but the automatic stay may need to be extended or requested if the previous case were dismissed within the prior year.
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