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How many years to file Chapter 7 Bankruptcy again

    Chapter 7 Bankruptcy - Years to file againIf you received a discharge of your debt in the first Chapter 7, you have to wait 8 years from the date you filed your first Chapter 7.

    Multiple bankruptcy filings

    Chapter 7 to Chapter 7

    As stated above the time, Debtors must wait at least 8 years before filing a subsequent Chapter 7 or else the case will be dismissed.

    Chapter 7 to Chapter 13

    If a Debtor received a Chapter 7 discharge and file a Chapter 13 within four (4) years of the previous filing, unsecured, non-priority debts included in the Chapter 13 (presumably debts that arose since the previous Chapter 7 bankruptcy discharge) cannot be discharged.

    If the Debtor completes a Chapter 13 filed within four (4) years of a previous Chapter 7, only a portion of the unsecured debt may be paid through the Chapter 13 and that when the Debtor completes the Chapter 13, the unpaid portion of the unsecured debt may come due, with interest.  This means that in this case, the Debtor must pay all their debts –either through the plan payments or after the case is complete.

    Chapter 13 filing to Chapter 7 filing

    If a Debtor received a Chapter 13 discharge (meaning they completed their case successfully) but paid less than seventy (70) percent to unsecured, non-priority debts and file a Chapter 7 within six (6) years of that filing, the unsecured, non-priority debts that they include in the subsequent bankruptcy (presumably debts that arose since the previous bankruptcy discharge) cannot be discharged or the case may be dismissed.

    Chapter 13 filing to Chapter 13 filing

    If a Debtor received a Chapter 13 discharge and file a Chapter 13 within two (2) years of that filing, the unsecured, non-priority debts that they include in the bankruptcy (presumably debts that arose since the previous bankruptcy discharge) cannot be discharged.