While bankruptcy is meant to give a person a fresh start, it does sometimes happen that a person finds him or herself in dire straits even after receiving a bankruptcy discharge. This person may inevitably ask the question – can I file again?
Filing Chapter 7 after receiving a Chapter 7 discharge
If you have previously received a Chapter 7 discharge, you can only receive another Chapter 7 discharge if you wait eight (8) years from the date of filing the first case, to file your next case.
Filing Chapter 13 after receiving a Chapter 13 discharge
If you have previously received a Chapter 13 discharge, you can only receive another Chapter 13 discharge if you wait two (2) years from the date of filing the first case, to file your next case.
Filing under different chapters
If you previously received a Chapter 7 discharge, you can only receive a Chapter 13 discharge if you wait four (4) years from the date of filing the first case, to file your next case.
If you previously received a Chapter 13 discharge, you can only receive a Chapter 7 discharge if you wait six (6) years from the date of filing the first case, to file your next case. There are two exceptions to this general six-year rule:
- There is an exception if you paid all of your unsecured creditors in full in the Chapter 13 case; or
- If you paid at least 70% of the claims in the Chapter 13 case and the Chapter 13 plan was proposed in good faith and was your best effort.
If you are thinking of filing for bankruptcy again and are unsure what your options are, please contact the VC Law Group via telephone at (858) 519-7333 or email at info@thevclawgroup.com.