Time Between Filings for Chapter 7 and Chapter 13 Bankruptcy

Section 727(a)(8): A Chapter 7 debtor cannot obtain a discharge if the debtor obtained a prior discharge under Chapter 7 or Chapter 11 within 8 years of the prior filing. Thus, a debtor may have to wait to file until eligible.

Section 1328(f)(1): A Chapter 13 debtor cannot obtain a discharge if the debtor obtained a prior discharge in Chapter 7 or Chapter 11 within 4 years or a prior discharge within 2 years. Note that this does not mean that a debtor cannot file a Chapter 13 within those time periods. It simply means that the debtor cannot receive a discharge. If the case is a 100 percent repayment under Chapter 13, then the inability to receive a discharge is not important. Again, Chapter 13 debtors will often wait the necessary waiting period in order to be eligible for a discharge.