Scranton, PA asked in Bankruptcy for Pennsylvania

Q: Question about filing bankruptcy. I filed Chapter 13 in Nov 2012 for old IRS debt. Converted to Chapter 7 Nov 2014.

Discharged Feb 2015. I am considering filing Chapter 7 again. Is my waiting period based upon the original filing date of 2012 or the conversion date in 2014? At what point would I be eligible to file?

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3 Lawyer Answers

W. J. Winterstein Jr.

PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: The clock starts to run from the date your Order of Discharge was entered.

You cannot get another discharge for 8 years from that date.

The spacing, until recently, was six years between discharges, and it became common to file a "chapter 20" bankruptcy, meaning first, a Chapter 7, and then a year or so later, file a Chapter 13 with a 5-year plan (the discharge in a Ch. 13 case is granted at the end of the plan term). Using the same tactic, you'd have to wait for about three years after your Ch. 7 discharge before you'd be eligible to file a new Ch. 13 case with a 5-year confirmable plan.

You may also need to file a motion to expand the automatic stay beyond 30 days, i.e., for the duration of your new case.

Needless to say, second filings within 8 years of the grant of a discharge are discouraged.

1 user found this answer helpful

John Martin Hilla

Answered
  • Bankruptcy Lawyer
  • Farmington Hills, MI

A: Filing date to filing date is the rule of thumb.

1 user found this answer helpful

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Filing date to filing date is generally how they are calculated.

1 user found this answer helpful

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