How Long Must I Wait Between Bankruptcy Filing?
- If you previously filed a Chapter 7, you must wait 8 years to file another Chapter 7.
- If you previously filed a Chapter 13, you must wait 6 years to file a Chapter 7.
- If you previously filed a Chapter 7, you must wait 4 years to file a Chapter 13.
- If you previously filed a Chapter 13, you must wait 2 years to file another Chapter 13.
Time is measured filing date to filing date.
What If My Prior Case was Dismissed?
If your prior bankruptcy was dismissed without a discharge, generally you can file a new case right away. There are exceptions, however. For example, if you willfully failed to comply with a court order or appear before the court, you will have to wait 180 days to file again. If you voluntarily dismissed your case after a Motion for Relief from Stay, you will also have to wait 180 days.
This website does not create an attorney-client relationship. The information on this website does not constitute legal advice. You are urged to obtain the advice of an experienced bankruptcy attorney regarding your personal situation.