Flossmoor Bankruptcy Attorney Explains When One Can Re-File For Bank...

I often hear from potential clients who state, “this is not my first bankruptcy, is there a limit to how soon I can file again?”  The answer is yes, however, it gets complicated.  From a Chapter 7 case to a Chapter 7 case, it’s 8 years and one day from filing to filing.  From a Chapter 7 case to a Chapter 13 case, one can be filed right away, because a Chapter 13 case is not entitled to a discharge.  There are a couple reasons to file a no discharge 13.  They are complex and they’re sort of advanced stuff, usually involving trying to save a home what’s called colloquially a Chapter 20 filing but it’s sort of a rare situation.  From a Chapter 7 to a Chapter 13 that is eligible for a discharge it’s 4 years.  If the Chapter 13 dismisses prematurely, a debtor can re-file automatically unless the court bars the debtor which is extremely rare.