Posted On: February 16, 2009 by Justin M. Smith

How Long Do I Have to Wait to Re-File Bankruptcy?

Prospective clients often ask how long they have to wait to file for bankruptcy protection under the Bankruptcy Abuse and Consumer Protection Act if they have previously filed. Here is a quick guide to the time periods that apply to re-filing:

• You cannot file Chapter 7 until eight years from the date of the previous filing
(not the date of discharge) of the previous Chapter 7.

• You cannot file a Chapter 13 unless you received a discharge under Chapter 7
more than four (4) years ago or under Chapter 13 more than two (2) years ago.

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The above timelines refer to discharge dates (cases that were completed).

If you are currently in an active Chapter 13 bankruptcy that you cannot or no longer wish to complete, then there are provisions for converting a Chapter 7 to a Chapter 13. This might occur, for example, if you lose the job that is funding your Chapter 13 plan or decide that you no longer wish to keep your house.

To learn more about re-filing or the differences between Chapter 7 and Chapter 13, you should contact an experienced bankruptcy attorney.

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