9/07
I filed a bankruptcy before, can I file again?
The rules have gotten a lot more complicated. You can still file a case under different Chapters of the Bankruptcy Code -- but in order to discharge -- wipe out -- debt, there are different "waiting" periods between cases.
If you filed a Chapter 7 bankruptcy before and received a discharge:
You have to wait eight (8) years before a new Chapter 7 will qualify for discharge;
you have to wait four (4) years before a Chapter 13 will qualify for discharge.
These time limits are measured from date of filing of the original case to the date of filing of the new case.
If you filed a Chapter 13 bankruptcy before and received a discharge:
You have to wait two (2) years before a new Chapter 13 will qualify for discharge;
You have to wait six (6) years before a new Chapter 7 will qualify for discharge - unless the prior Chapter 13 case repaid an amount equal to at least 70% of unsecured claims.
These time limits also are measured by most courts from the date of filing of the prior case to the date of filing of the new case.
Note: There is an ambiguity in the language for the "2-year rule" on a new Chapter 13 filed after a discharged Chapter 13 and a court may conclude the 2-year period must run from the date of discharge (completion) of a prior Chapter 13 to a new Chapter 13. It has not been finally ruled upon as yet in Eastern Missouri.
If you filed a Chapter 7 bankruptcy before and received a discharge:
You have to wait eight (8) years before a new Chapter 7 will qualify for discharge;
you have to wait four (4) years before a Chapter 13 will qualify for discharge.
These time limits are measured from date of filing of the original case to the date of filing of the new case.
If you filed a Chapter 13 bankruptcy before and received a discharge:
You have to wait two (2) years before a new Chapter 13 will qualify for discharge;
You have to wait six (6) years before a new Chapter 7 will qualify for discharge - unless the prior Chapter 13 case repaid an amount equal to at least 70% of unsecured claims.
These time limits also are measured by most courts from the date of filing of the prior case to the date of filing of the new case.
Note: There is an ambiguity in the language for the "2-year rule" on a new Chapter 13 filed after a discharged Chapter 13 and a court may conclude the 2-year period must run from the date of discharge (completion) of a prior Chapter 13 to a new Chapter 13. It has not been finally ruled upon as yet in Eastern Missouri.
