Client FAQs - Is It Too Soon To File Again?

Many people who come in to my office seeking bankruptcy protection have already filed before. This begs the question, how soon is too soon to re-file? Unlike most things in bankruptcy the rules for filing a second (or third) bankruptcy are clear cut.

There are different waiting periods for different chapters. The important date is the date of filing of your previous case. It is also important to know that you are only prohibited by these dates if you received a discharge in your previous case. If, for instance, you had a Chapter 13 case that was dismissed, you do not have to wait to re-file (unless the court has prohibited you from doing so).

So here are the different scenarios:

• If you filed a Chapter 7 bankruptcy and received a discharge, you must wait 8 years from the date of filing to file another Chapter 7.
• If you filed a Chapter 7 bankruptcy and received a discharge, you must wait 4 years from the date of filing to file a Chapter 13 bankruptcy.
• If you filed a Chapter 13 bankruptcy and received a discharge, you must wait 6 years from the date of filing to file a Chapter 7 bankruptcy.
• If you filed a Chapter 13 bankruptcy and received a discharge, you must wait 2 years  to file another Chapter 13.

One caveat is that if you received a discharge in a Chapter 13 bankruptcy in which you repaid 100% to your unsecured creditors, or at least 70% and the plan was proposed in good faith and was your best effort, then there is no waiting period to file a Chapter 7.

One scenario that can occur, however, is when a client needs to file a Chapter 13 bankruptcy to stop a foreclosure, but it is too soon to re-file. That person can still file a Chapter 13, but they cannot receive a discharge. However, the filing of the Chapter 13 can stop the foreclosure and allow them to pay off the arrearages over the course of their plan.

For more information on Chapter 7 and Chapter 13, visit my website at http://www.ohiobankruptcyrelief.com/.