I Filed Chapter 7 in the Past. How Long Do I Have to Wait to Get Another Discharge?
For whatever the reason, sometimes individuals and companies find themselves in a position where they will need to file for bankruptcy protection after filing a previous case in the past. If you filed chapter 7 in the past, how long do you have to a wait until you can filed chapter 7 bankruptcy again?
Technically you can file a chapter 7 any time after you've filed a previous chapter 7. The questions is, will you be eligible for the main benefit of filing chapter 7? The chapter 7 discharge? The Bankruptcy code provides that you may not obtain a discharge from the bankruptcy court under chapter 7 if you have obtained a discharge in a bankruptcy that was filed within the last 8 years See 11 USC Section 727: https://www.law.cornell.edu/uscode/text/11/727. There are exceptions to this ruled if the previous case that you filed was not a chapter 7.
Remember, the 8 year rule stated above only applies if the previous case you filed was a chapter 7 case. If the previous case you obtained a discharge in was a chapter 13 for example, you may be able to get a discharge sooner than 8 years. Also keep in mind that discharge may not have been granted in your previous case. For example if the previous case was a chapter 13 in which you paid 100% of all your creditors, discharge would not be required because everyone got paid. If you have a previous bankruptcy case, make sure you speak to an experienced bankruptcy attorney regarding discharge and discharge timing requirements. Please feel free to contact us any time on this website or call us at 480-355-1377.