Tuesday, January 15, 2013

What Are the Time Limits Between Bankruptcy Filings and How Many Times Can I File Bankruptcy?


Time Limits Between Bankruptcy Filings.
Have you filed bankruptcy before and are wondering if you are eligible to file again?  First, there is no limit on how many times a person can file bankruptcy.  You can file as many times as needed so long as you qualify.  However, there are time limits that restrict the frequency of which a person can file.   The time limits vary depending on whether you plan to file Chapter 7 or Chapter 13.  The time limit also depends on which chapter of bankruptcy was previously filed.

Prior Chapter 7 and Wants to File a Chapter 7:  The prior chapter 7 must have been filed over 8 years ago.  There is an absolute bar from receiving a discharge in a new chapter 7 if a previous chapter 7 was filed within 8 years of current filing.

Prior Chapter 7 and Wants to File a Chapter 13:  If a prior chapter 7, that was discharged, was filed within 4 years of current filing the debtor will NOT receive a discharge but can still file a chapter 13 (these cases, if filed, should always be a 100% repayment plan otherwise it doesn't help the debtor much; however, the debtor will receive protection of the automatic stay while in the chapter 13 even though no discharge will be entered).  If the prior chapter 7 was filed over 4 years ago the debtor will be eligible to receive a discharge in new chapter 13.

Prior Chapter 13 and Wants to File a Chapter 7:  If a prior chapter 13 was filed within 6 years of current chapter 7 filing there is no discharge unless:
a) Payments under the prior chapter 13 plan totaled 100% of the allowed general unsecured claims; or
b) Payments under the prior chapter 13 plan totaled at least 70% of the allowed general unsecured claims  
        and the chapter 13 plan was proposed in good faith and was the debtor’s best effort.

Prior Chapter 13 and Wants to File a Chapter 13:  If a prior chapter 13 was filed and discharged within 2 years of the current filing, the debtor will not be eligible for a discharge in the current chapter 13. 

It is important to note that the discharge date of the previous filing is irrelevant.  The date the case was filed is the date that determines whether a debtor will be eligible to file a new case.  If the previous case was dismissed without a discharge the previous filing will not affect eligibility for future cases.  

If you have questions regarding bankruptcy in Indiana please contact Jackson & Oglesby Law at (877) 489-0908 or visit us at www.IndyBankruptcyLaw.com. Jackson & Oglesby Law can assist you with all aspects of your bankruptcy case. If you have questions regarding Chapter 7 bankruptcy, Chapter 13 bankruptcy, stopping foreclosure or wage garnishment, avoiding liens, stopping law suits, discharging debt, etc. we can help! Please call us today for your free phone consultation to determine which bankruptcy may be right for you.

23 comments:

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  7. I filed a 13 in 2007 converted to a 7 in 2009 and was discharged in 2009 under 7. To file again woud this be a 8 yr or a 6 yr discharge waiting period?
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