Prior Bankruptcy, If I Had A Prior Bankruptcy, How Soon Can I Get Another Discharge?

If this is not a debtor’s first bankruptcy case and the debtor received a discharge of any debts in a prior case within the last eight years, the debtor may not be entitled to a discharge in the current bankruptcy case. It depends upon the chapter number of the prior bankruptcy case, the chapter number of the current bankruptcy case, and the number of years that elapsed between the date that a prior bankruptcy case was filed and the date that the current bankruptcy case was filed. It is important to consult a bankruptcy attorney and to refer to Section 727(a) and Section 1328(f) of the Bankruptcy Code. General rules:

A) Prior bankruptcy = Chapter 7 or 11, and Current bankruptcy = Chapter 7:
8 years after date that the prior bankruptcy case was filed – Bankruptcy Code Section 727(a)(8)

B) Prior bankruptcy = Chapter 7 Current bankruptcy = Chapter 13:
4 years after date that prior bankruptcy case was filed – Bankruptcy Code Section 1328(f)(1)

C) Prior bankruptcy = Chapter 13 Current bankruptcy = Chapter 7:
 

  • No mandatory waiting period if 100% of claims were paid in the prior Chapter 13 bankruptcy - Bankruptcy Code Section 727(a)(9)(A)
  • No mandatory waiting period if 70% of claims were paid in the prior Chapter 13 bankruptcy and the Chapter 13 Plan was proposed in good faith and was the debtor’s best effort – Bankruptcy Code Section 727(a)(9)(B)
  • 6 years after date that prior bankruptcy case was filed, if less than 70% (and up to 100%) of claims were not paid in the prior Chapter 13 bankruptcy case – Bankruptcy Code Section 727(a)(9)
     

D) Prior bankruptcy = Chapter 13 Current bankruptcy = Chapter 13:
2 years after date that the prior bankruptcy case was filed – Bankruptcy Code Section 1328(f)(2)

FAQ Type: 
After Filing Bankruptcy