How long wait between bankruptcy filings?

Last Revised on March 7, 2012

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Lets say you filed bankruptcy chapter 13 few years ago and now you want to file a different bankrtupcy, for example chapter 7. How long do you have to wait before filing this new oneĀ  It turns out you have to wait until the previous bankruptcy filing has been fully discharged and depends on the chapter type. Here are some details:

To file another new bankruptcy chapter 13, you have to wait eight years and the debtor has to be discharged from the previous chapter 7. You won’t be able to file chapter 13 if discharge under chapter 7, 11 or 12 was completed more than four years ago. Or you must have received a discharge under chapter 13 more than two years ago.

However, there are cases when you file bankruptcy resulted only in dismissal and not discharge, then you can refile the bankruptcy. Therefore, bankruptcies in such circumstances can be filed again after 180 days. As long as you stay within above and other Federal guidelines, you can file for bankruptcies as many as you like.

Please do note that in rare cases the U.S. Trustee, a division of the U.S. Department of Justice, moniters serial filings of bankruptcy code and thus may object your appeal.

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3 Responses to “How long wait between bankruptcy filings?”

  1. S P Says:
    May 25th, 2011 at 6:06 am

    It’s 8 years, and you cannot include IRS taxes owed in a chapter 7…………..they can run it thru a chapter 13 plan..but…no for a 7

  2. nkthen Says:
    May 25th, 2011 at 6:06 am

    Please explains the chapters in layman terms. My ex boyfriend has been dealing with the IRS for a while and he was recently told by a friend that she could file Chapter 13 Bankruptcy to get all her bills organized and establish a payment that would help her meet her obligations and keep her house. My understanding is that once you file Bankruptcy you can not do it again for like 10 years. I could be wrong though.

  3. Dale K Says:
    September 29th, 2011 at 5:56 am

    Our family is going through tough times in our finances. Money has never been that tight in my family; with small amount of income I bring home along with a small profits my wife makes from her business we are wondering if we should file bankruptcy now. My wife has filed for bankruptcy before for another unsuccessful business she ran few years ago but ended up filing for bankruptcy.

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