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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.

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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.

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