Wait to File

Wait time between bankruptcies

Bankruptcy is often the answer

when a person suffers an unexpected job loss, medical situation, divorce, or other unexpected scenario that causes a financial hardship. However, if a prior bankruptcy discharge was received, another bankruptcy may not be available. The Bankruptcy Code provides for a specified wait period from one bankruptcy filing to the next.

Prior Chapter 7 Bankruptcy

If you filed for chapter 7 bankruptcy

previously and it was dismissed or closed without discharge, you do not have to wait at all to file another bankruptcy, unless the order that dismissed or closed the prior case specified differently. However, if your prior bankruptcy received a discharge, the wait period is as follows:

  • Prior Chapter 7 must wait 8 years from prior filing date to file another Chapter 7
  • Prior Chapter 13 must wait 6 years from prior filing date to file a new Chapter 7 (70% Exception)
Mandatory wait before bankruptcy

Prior Chapter 13 Bankruptcy

If you filed for chapter 13 bankruptcy

and it was dismissed or closed without discharge, you do not have to wait at all to file another bankruptcy, unless the order that dismissed or closed the prior case specified differently. However, if your prior bankruptcy received a discharge, the wait period is as follows:

  • Prior Chapter 13 must wait 4 years from prior filing date to file a new Chapter 7
  • Prior Chapter 13 must wait 2 years from prior filing date to file a new Chapter 13

A Bankruptcy Attorney-Lawyer Can Help

At Barr, Jones & Associates we understand

that nobody plans to file for bankruptcy protection for a second time. However, we also understand that things happen beyond a person’s control that leave no other options. Do not let your problems become compounded by utilizing the services of an inexperienced attorney or lawyer. Our attorneys and lawyers know the law. We can ensure that you are making the proper decision when exploring the option of filing for another bankruptcy. Call today for your free telephone consultation to determine how the law firm of Barr, Jones & Associates can help you get back on the road to a financial fresh start.