Bankruptcy Waiting Periods

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Cleveland, OHIO 44115
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Waiting Periods If You Have Filed a Previous Bankruptcy Case




Filing a New Chapter 7 Case

  1. If you received a discharge in the first Chapter 7 case:
  2. You have to wait 8 years from the filing date before you can file another 7.

  3. If you received a discharge in a prior Chapter 13 case:
  4. The time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case.
    If you did, there is no waiting period.
    If you did not, you have to wait 6 years after the filing of the 13.

  5. If you did not receive a discharge:
  6. There is no waiting period


Filing a New Chapter 13 Case

  1. If you received a discharge in a prior Chapter 7 case:
  2. You can file under chapter 13 case at any time.
    However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge.
    (Some do this anyway to catch up on a mortgage arrearage.)

  3. If you received a discharge in a prior Chapter 13 case:
  4. There is a 2-year waiting period.
    Considering nearly every Chapter 13 takes longer than 2 years to complete, this rule rarely applies.

  5. If you did not receive a discharge:
  6. There is no waiting period


If you need assistance in determining any waiting period you may have,
call us at 216-241-2510 and our staff will be more than willing to assist you.

 
     
   
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