Waiting Periods If You Have Filed a Previous Bankruptcy Case 

Filing a New Chapter 7 Case

If you received a discharge in the first Chapter 7 bankruptcy case:

  • You have to wait 8 years from the filing date before you can file another 7.

If you received a discharge in a prior Chapter 13 bankruptcy case:

  • The time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case.
    • If you did, there is no waiting period.
    • If you did not, you have to wait 6 years after the filing of the 13.

If you did not receive a discharge:

  • There is no waiting period

Filing a New Chapter 13 Case

If you received a discharge in a prior Chapter 7 case:

  • You can file under chapter 13 case at any time.
  • However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.)

If you received a discharge in a prior Chapter 13 case:

  • There is a 2-year waiting period.
  • Considering nearly every Chapter 13 takes longer than 2 years to complete, this rule rarely applies.

If you did not receive a discharge:

  • There is no waiting period