A Chapter 7 bankruptcy can be filed once every eight years. The date of filing of the original bankruptcy is used to determine the filing date for the new Chapter 7, not the date of discharge of the debt.
A Chapter 13 can be filed anytime after the discharge of debt in a Chapter 7, however, if the debtor wants to obtain a discharge in the Chapter 13 bankruptcy they cannot file a Chapter 13 until four years from the filing date of the Chapter 7.
Some other factors that need to be considered in filing bankruptcy:
- If a Chapter 7 or Chapter 13 bankruptcy is dismissed rather than discharged, the bankruptcy can be refiled, but if it is refiled less than a year from the original filing, the stay of collection proceedings is no longer an “Automatic Stay“, and is only in effect for the 30 days following the filing. If a stay needed, a motion needs to be filed with the court to extend the Stay. The decision on whether to extend the Stay beyond 30 days is within the judges discretion.
- If a debtor attempts to file repeated bankruptcies only to dismiss them or have them dismissed for failing to comply with the requirements of the bankruptcy code, the court can enter an order prohibiting and/or delaying a particular debtor from filing bankruptcy.
This is a very general discussion of the time limits involved in filing a bankruptcy. There are several factors that come into pay regarding the timing of the filing, or the re-filing of a bankruptcy.
It is recommended that you speak with an attorney experienced in bankruptcy to find out what options are available.
by Kevin Gipson, New Orleans, Louisiana bankruptcy lawyer.