More and more people are coming back, having filed bankruptcy once before, to file bankruptcy again. A common question is how long do you need to wait before filing again. Like everything in bankruptcy law, it depends.

Some general things to remember: time between filings is from original filing date to new filing date. So even if there was a conversion, you count from the original filing date. The time between filings assumes you received a discharge in the earlier bankruptcy. For example, if you were in a chapter 13 and you case was dismissed for not making plan payments, you would be able to file a chapter 7 or chapter 13 case immediately (barring a court order otherwise). If you case was converted and your received your discharge, the time between filings is based on the chapter you received your discharge, not the chapter you filed.

Finally, these time frames only prohibit you from receiving a discharge in the new case. Sometimes you don’t need a discharge to accomplish your goals.

If you don’t know when you last filed or under what chapter, ask us. We can look up your case no matter where it was filed. And now the time frames:

Chapter 7 to Chapter 7: 8 years
Chapter 13 to Chapter 7: 6 years
Chapter 7 to Chapter 13: 4 years
Chapter 13 to Chapter 13: 2 years (this may seem odd since chapter 13 plans are a minimum of 3 years, but that’s what the code says)