Tags: rae, File Bankruptcy, Chapter 7, chapter 13 bankruptcy
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4 Responses to “Can one person file for Chapter 13 bankruptcy and then file Chapter 7 a few years later?”

1. Paul M says:

   November 22, 2009 at 9:06 pm

   I believe you can file bankruptcy every 7 yrs. But in my opinion, if you need to file 5 yrs after you already did you got problems.
2. Studly says:

   November 25, 2009 at 6:46 am

   If your previous bankruptcy was a Chapter 7, you can file for a Chapter 13 after 4 years. So yes, you can file again now.

   You can NOT file for a Chapter 7 yet, as the new bankruptcy laws extended the refile period.
3. David D says:

   November 25, 2009 at 10:38 pm

   I found some good info here.
4. chslaw says:

   November 28, 2009 at 10:33 pm

   Congress passed bankruptcy reform laws in 2006. The length of time after a Chapter 7 case that you must wait before filing another Chapter 7 case has been increased to 8 years.

   You may not receive a discharge in a Chapter 13 case for 4 years if you received a discharge in a case filed under chapters 7, 11, or 12 during the past 4-years, or for 2 years if you received a discharge in a case filed under chapter 13 during the past 2-years. This does not mean that you cannot file a Chapter 13 case, but it does affect what you can accomplish in a second case.

   Atlhough you should confirm this with a local attorney, it sounds like you might be eligible for a Chapter 13 case.