Tap to Call - (877) 250-8242

Filing Chapter 13 After Chapter 7 Bankruptcy

If you’ve filed for bankruptcy under Chapter 7 and are still struggling with debt, you may be able to file again for Chapter 13. The catch, however, is that you will probably have to wait a few years before re-filing.

In theory, individuals can file for bankruptcy as many times as they want, but there are some time limits and debt limits that apply to anyone trying to file again.

For complete answers on filing Chapter 13 after Chapter 7, speak with a local bankruptcy lawyer. You can also use the form below to connect with a local bankruptcy attorney for a free, no-obligation consultation.

Speak to a Bankruptcy Lawyer Today

Can I File for Chapter 13 After a Chapter 7 Discharge?

It is possible to file for Chapter 13 after a Chapter 7 bankruptcy. The key, though, is that the prior bankruptcy must have already been resolved. A debtor cannot usually file for two types of personal bankruptcy at the same time.

Listed below are a few more restrictions on a filer’s ability to file a second bankruptcy according to the U.S. Bankruptcy Code:

  • Time limit. You cannot file for Chapter 13 if you have had another bankruptcy case dismissed in the last 180 days due to your willful failure to appear in court or comply with court orders.
  • Debt limits. If, after Chapter 7, you still have more than $360,000 in unsecured debts or $1 million in secured debts, you cannot file for Chapter 13.
  • Discharge limit. A Chapter 13 filer cannot receive a discharge under Chapter 13 if the filer received a Chapter 7 discharge within the past 4 years.

So, if you obtained a Chapter 7 discharge in the past few years, you may have to wait awhile before you are able to reap the benefits of the Chapter 13 process.

Why File for Chapter 13 After Chapter 7?

While filers do not usually go through multiple bankruptcies, there are plenty of valid reasons an individual may wish to file Chapter 13 bankruptcy after a Chapter 7 discharge. These may include situations such as:

  • New debts acquired after original bankruptcy discharge
  • An increase in income makes Chapter 13 an option
  • The need to clear debt tied to a home or car
  • A medical emergency, divorce, or job loss has mitigated the positive effects of a prior bankruptcy and the filer needs a second chance at debt relief.

Bankruptcy laws are designed to help people in debt, even if they have filed bankruptcy in the past. As a result, you may be able to file Chapter 13 after a Chapter 7 claim.

To learn more about your unique situation, arrange a free initial consultation with a local bankruptcy attorney today. Simply fill out the form below to get started now.


Tap to Call - (877) 250-8242

PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Bankruptcy is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Bankruptcy does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Total Bankruptcy does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here, or call 866-200-8052.

FLORIDA ONLY: Total Bankruptcy is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Bankruptcy is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.

By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.