To receive a discharge in a chapter 7 when you already have received one in a prior chapter 7, there has to be eight years in between the file dates. For example, if you filed your previous chapter 7 December 1, 2000, you could not file another, until December 2, 2008.
If you want to receive a discharge in a chapter 7, but you previously filed and received a discharge in a chapter 13, you need to wait six years between file dates. Using the same example above, if your previous case was filed December 1, 2000, you would have to wait until December 2, 2006 to file.
If you previously filed and received a discharge in a chapter 13 and want to file a new chapter 13, you have to wait two years between the file dates to receive another discharge.
If you previously filed a chapter 7 and want to file a chapter 13, you have to wait four years between file dates to receive another discharge.
You can file a chapter 13 before the timing requirement is met, but then you would not qualify for a discharge. An example of when this may be helpful is if you recently received a discharge and do not have much debt, but are behind on your mortgage. Filing a chapter 13 to catch up your mortgage may be a good option for you.
The attorney you meet with will help you determine your options based on the timing of your previous bankruptcy. Visit www.lifebacklaw.com to speak with an attorney today. You will be glad you did!