November 23, 2017

When Can You File a Second or Third Case?

Here are the rules that apply when you need to file a second, third or fourth case:

Chapter 13

You previously filed and received a discharge in a Chapter 7 case, and now you want to file a Chapter 13.  You must wait four years from the date you filed your Chapter 7 before you can file a Chapter 13 that will result in a discharge.  You are permitted to file a Chapter 13 if you don’t wait the four years, but you will not get a discharge in your Chapter 13.

You previously filed a Chapter 13 that resulted in a discharge, and now you want to file a second Chapter 13 – you must wait two years from the date you filed your first Ch. 13, if you want a discharge in Ch. 13 #2.   You can file Ch. 13 #2 within the two year period but you will not be eligible for a discharge.

You previously filed a Chapter 13 but your case was dismissed.  Now you want to file a second Chapter 13.  You may file a second or third case at any time but the automatic stay may not apply.

  • If you file Chapter 13 #2 within one year from the date you filed Chapter 13 #1, the automatic stay terminates within 30 days unless you file a Motion and ask the judge to extend the stay.
  • If you file a third Chapter 13 case within one year, the automatic stay does not go into effect at all, although you have the right to file a Motion to as the Judge to impose a stay.  This limitation on the automatic stay is designed to stop homeowners from filing multiple cases to stop a foreclosure.

Chapter 7

You previously filed and received a discharge in a Chapter 7 and now you want to file a second Chapter 7.   You must wait eight (8) years from the date you filed Chapter 7 #1 before you can file a second Chapter 7.

You previously filed and received a discharge in a Chapter 13 and now you want to file a Chapter 7.   You must wait six years from the date your Chapter 13 was filed before you may file a Chapter 7.

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