If you’ve been in bankruptcy before, you may be wondering what the time limitation is for filing a new bankruptcy and receiving a discharge. If you prior bankruptcy was filed any time after October 17, 2005, you can use the following chart to determine what sort of bankruptcy you’re eligible for and whether you can receive a discharge.
|Prior Bankruptcy||Time Limit||New Bankruptcy Type||Code Section|
|Chapter 7||8 Years from date filed||Chapter 7||11 U.S.C. § 727(a)(8)|
|Chapter 13||6 Years from date filed
*Unless prior Chapter 13 paid 100% of unsecured claims or 70% of unsecured in good faith/best effort.
|Chapter 7||11 U.S.C. § 727(a)(9)|
|Chapter 7||4 Years from date filed||Chapter 13||11 U.S.C. § 1328(f)(1)|
|Chapter 13||2 Years from date of discharge||Chapter 13||11 U.S.C. § 1328(f)(2)|
|Chapter 13 with less than 70% dividend||6 Years from date filed||Chapter 13 to 7 Conversion||11 U.S.C. § 727(a)(9)|
There is no waiting period to file a Chapter 7 after a debtor receives a discharge from a Chapter 13 case in which they funded at least 70% of their unsecured debts if the Chapter 13 plan was proposed in good faith and was the debtor’s best effort.
A Chapter 13 can be filed within 4 years of receiving a Chapter 7 discharge to stop a foreclosure or a repo, but the debtor will not be able to receive a discharge. This means that if a Debtor received a discharge in a Chapter 7 that was filed within 4 years of filing the new Chapter 13 case, the Debtor must be in a 100% plan. This also means that the Debtor must pay the contract rate of interest on all purchase money security interests (cars, furniture, title liens, etc.) and he/she does not get the benefit of valuation. To measure the 4-year period, you use the filing date of the Chapter 7 and the filing date of the new Chapter 13.
A Chapter 13 can be filed within 2 years of receiving a discharge in a previous Chapter 13 to stop a foreclosure or a repo, but the debtor will not be able to receive a discharge. This means that if a Debtor received a discharge in a Chapter 13 within 2 years of filing the new Chapter 13 case, the Debtor must be in a 100% plan. This also means that the Debtor must pay the contract rate of interest on all purchase money security interests (cars, title liens, furniture, etc.) and he/she does not get the benefit of valuation. To measure the 2-year period, you use the date of the order of discharge for the first Chapter 13 and the date of filing of the new Chapter 13.
A Chapter 13 case cannot be converted to a Chapter 7 case if the Chapter 13 case is filed within 8 years of the Debtor filing a Chapter 7 in which the Debtor obtained a discharge. Eight years must pass between the filing of the Chapter 7 and the filing of the Chapter 13 case that the Debtor wants to convert.
If you have questions or are thinking about filing bankruptcy, contact us today at 404.585.0040 or fill in the contact information below to explore your options. You can also find us on Google+. We are an Atlanta Bankruptcy Law Firm with expertise in multiple bankruptcy filings.
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