Waiting Period for Receiving Another Bankruptcy Discharge

August 17, 2009

clock alarm tickingIf you have already completed your Chapter 13 payment plan or Chapter 7 bankruptcy proceeding, and have received a discharge, you will hopefully be in good shape to begin a new financially unencumbered life. You will hopefully have taken our advice and attained financial health.  But life does not always cooperate with our plans and so you may need to know whether you can refile for bankruptcy protection again.

In the event that this does become necessary, it is worth noting that a second (or third or fouth) Bankruptcy filing is possible and may be advisible, based on circumstances. However, time limits do apply. 

The waiting period after a Chapter 7 Bankrutpcy discharge is 8 years for another Chapter 7 discharge, but only 4 years for a Chapter 13 discharge. However, if you received a Chapter 13 discharge, the waiting period is 2 years for another Chapter 13 discharge and 6 years for a Chapter 7 discharge.

As always, it is worth noting that our firm has a significant bankruptcy practice and can assist anyone with information and help with filing for bankruptcy. Just contact the office.

Picture courtesy of markettalk.

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One Response to “Waiting Period for Receiving Another Bankruptcy Discharge”

  1. Sylvia Garcia Says:

    8 year waiting period is referring to the filing date of the case or the discharge date?


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