Time Between Chapter 7 Cases

• If a debtor filed a Chapter 7 bankruptcy case in 2005 and received a discharge, he is not eligible to file another Chapter 7 case for eight years. Many Chapter 7 cases are discharged within a few months after filing. The trustee only uses the debtor's non-exempt assets to pay the debts. The debtor is not personally liable for the outstanding debts once they are discharged in the bankruptcy. Typically, the debtor is able to discharge a significant amount of his debts while paying very little to his creditors. As a result, BAPCPA instituted a lengthy time period between Chapter 7 filings.
  
  

Time Between Chapter 7 Case and Chapter 13 Case

• Some people who previously filed for Chapter 7 bankruptcy encounter serious financial problems a few years after the discharge. They would have to wait eight years to file for Chapter 7 again, but filing for Chapter 13 bankruptcy may be an option. If a debtor received a Chapter 7 discharge, he must wait four years to file a Chapter 13 case, according to 11 U.S.C. §1328. Chapter 13 bankruptcy requires the debtor set up a three- to five-year payment plan. Factors that affect the length of the payment plan include the amount of the debtor's income, and the amount of debts that must be paid during the bankruptcy.
  
  

Time Between Chapter 13 Cases

• When a person previously filed for Chapter 13 bankruptcy and received a discharge, he can file for Chapter 13 bankruptcy again in two years. A Chapter 13 discharge is granted after the debtor has fulfilled all of the requirements under the Bankruptcy Code and the terms of the payment plan. Since the debtor made the commitment to pay off some or all of his debts over an extended period, the eligibility time frame between Chapter 13 bankruptcy filings is rather short.
  
  

Time Between Chapter 13 Case and Chapter 7 Case

• According to 11 U.S.C. §727, a person can file for Chapter 7 bankruptcy in six years if a discharge was granted in a previous Chapter 13 case. It is possible to file for Chapter 7 bankruptcy in less than six years if 100 percent of the unsecured claims in the previous Chapter 13 case were paid or if 70 percent of the unsecured claims were paid and the Chapter 13 plan was created in good faith. Review the dates and payment terms of the previous Chapter 13 case to confirm when a Chapter 7 case can be filed.