Can I file Bankruptcy Again? Many people assume they can only file bankruptcy once in their lives, other people assume they need to wait until their bankruptcy comes off their credit report before they can file again. The truth is the bankruptcy laws are more flexible than most people think. This article is limited to cases where debts were forgiven in a past bankruptcy.
Chapter 7 After Chapter 7
If a person has filed a chapter 7 and received a discharge (debts forgiven) then section 727(a)(8) of the Bankruptcy Code provides that another chapter 7 within 8 years will not forgive debts.
Chapter 13 After Chapter 7
If a person has filed a chapter 7 and received a discharge (debts forgiven) then section 1328(f) of the Bankruptcy Code provides that a chapter 13 filed within 4 years of the chapter 7 will not forgive debts.
Chapter 13 After Chapter 13
If a person has filed and completed a chapter 13, section 1328(f) of the Bankruptcy Code provides a chapter 13 filed within 2 years of the filing of the prior case will not forgive debts. However, if the original chapter 13 was dismissed (did not complete plan, debts reinstated) then a person can file another chapter 13 almost immediately but must get a court order pursuant to Bankruptcy Code section 362(c)(3) to be protected from creditors. This type of court order generally requires a brief explanation of why the first case failed.
Chapter 7 After Chapter 13
If a person has completed a chapter 13 and received a discharge then section 727(a)(9) provides that a chapter 7 filed within 6 years of the filing of chapter 13 will not forgive debts.
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