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:

You have to wait 8 years from the filing date before you can file another 7.

2. If you received a discharge in a prior Chapter 13 case:

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.

3. If you did not receive a discharge:

There is no waiting period

Filing a New Chapter 13 Case

1. If you received a discharge in a prior Chapter 7 case:

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.)

2. If you received a discharge in a prior Chapter 13 case:

There is a 2-year waiting period.
Considering nearly every Chapter 13 takes longer than 2 years to complete, this rule rarely applies.

3. If you did not receive a discharge:

There is no waiting period