how long do I have to wait to file Chapter 13 again

If you are experiencing financial hardship Chapter 13 bankruptcy may provide some much-needed relief. Fortunately, Chapter 13 relief is not a once in a lifetime opportunity. We are commonly asked, how long do I have to wait to file Chapter 13 again? You can file for Chapter 13 many times, but there are time limits on refiling. 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 when a consumer consolidates their existing debts into one monthly bill 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), you must wait 4 years from the date you received your  discharge before you can file Chapter 13.  See Bankruptcy law 11 U.S.C. § 1328.  If you previously filed Chapter 13, 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)  you must wait 6 years from the commencement date of your previous case to 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 plan in full, or you paid 70% of your plan in good faith, you may not have to wait 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 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.