Multiple bankruptcy cases. Is that possible? In most cases yes. If you received a discharge from a prior bankruptcy case, you may file another. The issue is whether you qualify for another discharge in your next bankruptcy case. In this article, I will discuss only the timing issues for Chapter 7 and 13 Bankruptcy Discharge.
The Last Bankruptcy Case you Filed is a Chapter 7 Bankruptcy and You Received a Discharge
- You want to file another Chapter 7 Bankruptcy. You must wait at least 8 years before the date of filing of the current petition from the date of filing of the prior Chapter 7 Bankruptcy case in order to receive a Chapter 7 Bankruptcy discharge. A converted prior bankruptcy case into another Chapter does not affect the petition date for this calculation. In re Shockley (BC D MT 1996) 197 BR 677, 680
- You want to file a Chapter 13 Bankruptcy. You must wait at least 4 years before the date of the filing of the current petition from the date of filing of the prior Chapter 7 case in order to receive a Chapter 13 Bankruptcy discharge.
The Last Bankruptcy Case you Filed is a Chapter 13 Bankruptcy and You Received a Discharge
- You want to file a Chapter 7 Bankruptcy. You must wait at least 6 years before the date of filing of the current petition from the date of filing of the prior Chapter 13 Bankruptcy case in order to receive a Chapter 7 Bankruptcy discharge.
- Unless payments under the plan in the prior Chapter 13 Bankruptcy case totaled at least 100% of the allowed unsecured claims; or 70% of the allowed unsecured claims and the plan was proposed in “good faith” and was the “debtor’s best effort”. 11 USC § 727(a)(9).
- You want to file another Chapter 13 Bankruptcy. You must wait at least 2 years before the date of filing of the current petition from the date of filing of the prior Chapter 13 Bankruptcy case in order to receive a Chapter 13 Bankruptcy discharge.
The Discharge time limitation does not apply where the prior case did not receive a discharge. For example, the prior Chapter 13 Bankruptcy case was dismissed due to delinquent plan payments. Or the prior Chapter 7 Bankruptcy case was dismissed because debtor did not timely provide the required documents or did not appear in court.
However, the time limitation does not prevent you from filing multiple bankruptcy cases within the time limitation. But you will not receive a discharge. There are certain situation where you would want to file within the time limitation. For example, your house is going into foreclosure and you want to stop it.
This is just a brief overview of the rules and is not meant to substitute a consultation with an experienced Sacramento Bankruptcy Attorney. Muoi Chea has worked on over 1,000 Bankruptcy cases and she is an experienced Bankruptcy Attorney in Sacramento, Stockton, Fairfield, California.
I do offer free phone consultation if you have any question about Chapter 7 or 13 Bankruptcy. I am an experienced Bankruptcy Attorney in Sacramento, Stockton, and Fairfield, CA. I accept cases in surrounding cities like Elk Grove, Citrus Heights, Carmichael, Orangevale, Woodland, Davis, Roseville, Rocklin, Folsom, El Dorado, Vacaville, Vallejo, Dixon, Modesto, Tracy, and other nearby cities and counties.