Waiting Periods for Multiple Bankruptcy Filings

| Jul 21, 2016 | Bankruptcy Law |

The type of bankruptcy initially filed where a discharge is received is a determining factor in the number of years that must pass before a debtor can refile for bankruptcy and again receive a discharge. Whether living in towns such as Moorestown, New Jersey or Northeast Philadelphia, Pennsylvania the rules relating to obtaining a bankruptcy discharge in a second bankruptcy are the same. 

After eight years, a debtor can file for a second Chapter 7 bankruptcy with an existing Chapter 7 discharge.

After two years, a debtor can file for a second Chapter 13 bankruptcy with an existing Chapter 13 discharge.

After six years, a debtor can file for a Chapter 7 bankruptcy with an existing Chapter 13 discharge. The only exceptions to the six-year waiting period are if all unsecured creditors are paid in full or if at least 70% of the claims were paid and the plan was proposed in good faith and the debtor’s best effort.

After four years, a debtor can file for a Chapter 13 bankruptcy with an existing Chapter 7 discharge.

http://www.nolo.com/legal-encyclopedia/multiple-bankruptcy-filings-when-file-again.html

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