This 4 year time limit only applies if you obtained a discharge in your previous Chapter 7 bankruptcy. Chapter 7 Bankruptcy - If you have received a discharge in a previous Chapter 13 Bankruptcy, then you must wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge.
For example, if you filed your previous Chapter 13 case on September 25, , you will be eligible to file and receive discharge in another Chapter 7 Bankruptcy as of September 25, Chapter 13 Bankruptcy - If you have received a discharge in a previous Chapter 13 Bankruptcy, then you must wait 2 years from the date of filing of your previous Chapter 13 bankruptcy. For example, if you filed your previous Chapter 13 case in September 25, , you will be eligible to file and receive discharge in another Chapter 13 Bankruptcy as of September 25, Filing prior the 2 year waiting period will result in the denial of discharge and you will be liable for all debts that were not paid through the chapter 13 bankruptcy.
The hard facts about how many times someone can file bankruptcy. One possible option would be to file an amendment with your creditors, asking for a revision to the original proposal, to lower your payments.
There is no guarantee that your creditors would accept, but that would be the most logical next step. Your email address will not be published. Get an expert's opinion on your debt situation and the options available to you. Contact a trustee for your free evaluation. By Wendy Young. Tweet Like email. Court Attendance Required For 3rd Bankruptcy After a third trip down this path, a bankrupt is required to attend bankruptcy court , file in hand, to receive his discharge blessing.
Credit Report Affected More than that, the shadows of second-time bankruptcies linger on your credit report for twice the length of time first-time bankruptcies do. The term abusive bankruptcy filing can refer to a Chapter 7 filing that doesn't meet the means test —the qualification standard that determines a filer's right to a debt discharge.
But it can also describe a case filed by someone who inappropriately uses the bankruptcy process to evade a creditor or buy time in a collection action, such as a foreclosure or lawsuit. Simply put, the court frowns on debtors who file with no intention of following through with the case.
Repeat filers face the consequences for using such tactics, such as a lack of protection from collections the automatic stay won't go into effect after multiple filings or the denial of a discharge.
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Meet the Editors. If you file bankruptcy too soon after you have received a previous bankruptcy discharge, you cannot receive another discharge. Time Limits Apply to Discharges, Not Bankruptcy Filings Bankruptcy law doesn't set a minimum period that you must wait before filing for bankruptcy a second time. Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13 Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: Successive Chapter 7 cases You'll have to wait eight years after the first Chapter 7 case filing date before filing the second case.
Successive Chapter 13 cases Two years must elapse between filing dates before you'll be entitled to receive a second Chapter 13 discharge. Filing Under Different Chapters: The Order Matters Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in.
Chapter 13 before Chapter 7 If the court granted your first discharge under Chapter 13 bankruptcy, you'd need to wait six years from the Chapter 13 bankruptcy filing date before filing for a Chapter 7 discharge. Chapter 7 before Chapter 13 If the court granted your first discharge under Chapter 7, you'd have to wait four years from the Chapter 7 filing date before filing a Chapter 13 case.
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