I am often asked, “I filed a bankruptcy several years ago, but I’ve gotten into difficulty again. How soon can I file another case?” If you’ve tried to research this question on the internet, the explanations are often confusing. Sometimes there are complicating factors, but the following table will give you an easy-to-understand summary of the rules (sometimes summarized as the 2-4-6-8 rules.)
| You may file: | You may file: | |
| If you received a discharge in a prior Chapter 7 | a new Chapter 7after 8 years
11 U.S.C.§727(a)(8) |
a new Chapter 13after 4 years
(Time may be waived if you are not seeking a discharge, but only more time to pay your debts §1311 U.S.C.§28(f)(1) |
| You may file: | You may file: | |
| If you received a discharge in a prior Chapter 13 | a new Chapter 7 after 6 years
or immediately if, in the prior Chapter 13 you (A) paid 100% of your debts or (B) (i)you paid at least 70% and (ii) the plan was filed in good faith and you made your best effort 11 U.S.C.§§727(a)(9) |
a new Chapter 13 after 2 years
(Time may be waived if you are not seeking a discharge, but only more time to pay your debts §1311 U.S.C.§28(f)(1) |
This does not answer related questions about prior bankruptcy filings, such as when the automatic stay is applied and for how long, but it does give you an overview that you may find useful.
As always, please feel free to call our office if you have any questions. We are here to help you.