If you are experiencing financial hardship because the income you receive is not enough to pay your monthly bills Chapter 13 bankruptcy may provide some much-needed relief. Fortunately, Chapter 13 relief is not a once in a lifetime opportunity. You can file for Chapter 13 many times, but will need to be aware of bankruptcy refilling laws before you can answer, how long do I have to wait to file Chapter 13 again. If you need assistance to determine if you are eligible to file Chapter 13 again contact a Tampa bankruptcy attorney in your area.
Chapter 13 is a form of bankruptcy in which a consumer consolidates their existing debts into one monthly bill that is paid to a bankruptcy trustee. It is intended to help borrowers catch up on secured debt, such as a car loan or home mortgage. With Chapter 13 bankruptcy, you can lower payments, prevent foreclosure, eliminate debt, and stop a car from being repossessed. For more information on the possible advantages and disadvantages of Chapter 13 contact a bankruptcy attorney in your area. Many bankruptcy law firms will offer a free consultation to assist prospective clients.
How Long Do I Have to Wait to File Chapter 13 Again If I Filed Chapter 7 in the Past
If you previously filed Chapter 7 (or Chapter 11/12) and now want know how long do I have to wait to file Chapter 13 again, you must wait 4 years from the date you received your Chapter 7 discharge before you can file Chapter 13. See Bankruptcy law 11 U.S.C. § 1328. If you previously filed Chapter 13 and now want to file another Chapter 13 case, you must wait 2 years from the date you received your Chapter 13 discharge before you can file Chapter 13 again. For more information on Chapter 13 discharge click here.
How Long Do I Have to Wait to File Chapter 7 If I Filed Chapter 13 in the Past
If you previously filed Chapter 13 (or Chapter 12) and now want to file Chapter 7, you must wait 6 years from the commencement date of your previous Chapter 13 case before you can file Chapter 7. See Bankruptcy Law 11.U.S.C. §727 Determining exactly how long you have to wait to file Chapter 7 if you filed Chapter 13 can be tricky because it is based on the commencement date.
The “Commencement date” is the day you filed your bankruptcy petition with the court. For example, if you previously filed Chapter 13 on October 1, 2008, and want to file Chapter 7 again, then you would have to wait until October 1, 2016, or later to file your new Chapter 7 petition. So, you would have to count back 8 years from the day you want to file Chapter 7 to determine if you have waited long enough since your last Chapter 7 case
However, there is an exception that may affect how long you have to wait to file Chapter 7. If you paid your previous Chapter 13 payment plan in full, or you paid 70% of your payment plan in good faith and with your best effort to complete the plan, then you do not have to wait at all to file Chapter 7. A bankruptcy lawyer can help you determine whether or not you will have to wait the full 6 years to file Chapter 7
Bankruptcy Law Firm
If you are having a difficult time meeting your financial obligations Florida Law Advisers, P.A. may be able to help. Florida Law Advisers, P.A. is a customer service oriented firm committed to providing personalized attention and dedicated legal counsel. Our Tampa bankruptcy lawyers have years of experience helping people just like you solve their financial problems and obtain a fresh start. For a free, confidential initial consultation contact us today at 800 990 7763 or complete the free case review inquiry on our website.