Q: How long do you have to wait to file bankruptcy again.
A: Chapter 7 filings must be 8 years apart in order to receive a discharge. You count filing date to filing date. You can file a chapter 13 and receive a discharge in that case if it has been 4 years from the prior chapter 7 filing. Again, filing date to filing date. See a bankruptcy lawyer near you to determine if bankruptcy is an option for you. Good luck!
II you were in a prior bankruptcy that was dismissed for your failure to appear at court or your failure to follow Court orders, you cannot refile a bankruptcy for 180 days.
Do you want to file a Chapter 7 case? If you received a final discharge in a prior Chapter 7 case, you must wait 8 years from the date you filed the first case, to refile another Chapter 7 case; If you received a final discharge in a prior Chapter 13 case, you must wait 6 years from the date you filed the first case to file another Chapter 7.
Do you want to file new Chapter 13 case? In order to Discharge unpaid debts at the end of your case, you have to wait 4 years from the date you filed your first case, to file the new Chapter 13 and you have to wait 2 years to file a new Chapter 13 case, if you received a final discharge in a prior Chapter 7, 11 or 12 case. But, you may be able to file a Chapter 13 case earlier to save a home from foreclosure, but you won’t get a final discharge of unpaid debts. Consult an attorney.
A: In addition to what Mr. Phillips said I would add the additional information that it depends whether you are seeking a discharge or whether for example you need to stop a foreclosure or get back a seized vehicle. In those examples you can file a Ch. 13 right away and get caught up on the past due payments (arrearages in bankruptcy speak). You would not get a discharge of other debts but you can keep your house or car if you can get caught up on the overdue payments.
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