If you have filed for bankruptcy before and received a discharge of debt, you need to wait before you can file for bankruptcy again. The federal bankruptcy code specifies when you can file for bankruptcy again and receive a discharge. If you did not get a debt discharge in your previous bankruptcy case, you could file for bankruptcy again without waiting. If you decide to file for bankruptcy before the appropriate time limits have come out, you will not receive a full discharge of debt.
Chapter 7 to Chapter 13 Bankruptcy
If you filed for a Chapter 13 bankruptcy and received a discharge, you will need to wait four years to obtain a complete discharge of debt. Despite the amount of credit card debt, medical bills, and personal loans you have, you will still need to wait four years from the date you applied for Chapter 7 bankruptcy previously. The four-year period starts to run from the date you filed your previous Chapter 13 bankruptcy, not the date the court discharged your debt.
Chapter 7 to Chapter 7 Bankruptcy
If you have previously filed for Chapter 7 bankruptcy and obtained a discharge in your previous case, you need to wait eight years from the date you filed your previous Chapter 7 bankruptcy. For example, if you filed your previous Chapter 7 bankruptcy in July of 2020, you will be eligible to file for bankruptcy again and get a discharge in 2028.
Chapter 13 to Chapter 7 Bankruptcy
If you have received a discharge of debt for a previous Chapter 13 bankruptcy and you want to file a Chapter 7 bankruptcy, you will need to wait six years from the date you filed the Chapter 13 bankruptcy. You can obtain a complete discharge of your debts through a Chapter 7 bankruptcy six years after the first bankruptcy. However, you must have paid your unsecured creditors 70% or more during the previous Chapter 13 bankruptcy. If you have not paid 70%, you will not be entitled to a discharge of debt.
Chapter 13 to Chapter 13 Bankruptcy
If you have already received a discharge of debt and want to file for Chapter 13 bankruptcy again, you will need to wait two years. This situation is somewhat rare because the minimum length for a Chapter 13 repayment plan is three years. A repayment plan can also have a term of five years. Receiving a discharge before the three-year repayment plan is only possible when an unexpected hardship makes completing the plan impossible.
Do You Need Help Filing for Bankruptcy in San Diego? We Can Help
The San Diego bankruptcy lawyers at Bankruptcy Law Center have successfully helped many clients file for bankruptcy. If you have questions about how often you can file for bankruptcy, we can answer your questions. We will carefully review your financial situation in-depth and provide you with excellent legal advice. Contact us today to schedule your initial consultation to learn more about the bankruptcy process.