I Filed for Bankruptcy Before, Can I Ever File Again

If you have filed a Chapter 7 “debt liquidation” bankruptcy and received a discharge, you cannot file another Chapter 7 bankruptcy until eight years have passed from the filing of the previous case. You can file a Chapter 13 “debt repayment” bankruptcy and receive a discharge if at least four years have passed since the filing of the previous Chapter 7. You can file a Chapter 13 bankruptcy even if less than four years have passed since the filing of a Chapter 7, but in that instance your Chapter 13 case will not be able to result in a discharge.

If your previous case was a Chapter 13 bankruptcy, you can file a Chapter 7 bankruptcy if at least six years have passed from the filing of your previous Chapter 13. If your previous case was a Chapter 13, you cannot file another Chapter 13 bankruptcy unless at least two years have passed from the filing of your previous Chapter 13 case. You can file a Chapter 13 bankruptcy even if less than two years have passed since the filing of your previous Chapter 13, but in that instance your Chapter 13 case will not be able to result in a discharge.

The above information is a general overview and is not intended to be used as legal advice. For more information about Chapter 7 and Chapter 13 bankruptcies see my article entitled, “The Difference Between Chapter 7 and Chapter 13, and Which One Is Right For You.” If you are considering filing for bankruptcy, the best thing to do is call our office at 248-557-3645 and schedule a free consultation so you can receive advice which is tailored to your specific circumstances.

By: Michael Benkstein, Esq.

Managing Attorney, Bankruptcy Department

The Law Offices of Joumana Kayrouz, PLLC