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 one 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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