Repeated Chapter 7 Filings
After effectively filing for Chapter 7 bankruptcy and receiving a discharge, the bankruptcy code stipulates that you must wait eight years before receiving another discharge. There is a technicality to be aware of: you can file for Chapter 7 bankruptcy again the day after your discharge, but it will not be approved until eight years have elapsed since your discharge date. In other words, the eight-year period commences upon discharge, not filing.
If you find yourself in dire financial straits prior to the expiration of the eight-year period between discharges, you have other options. For instance, if you have received a Chapter 7 discharge and four years have passed since that discharge, you are eligible for a Chapter 13 discharge. If you previously filed under Chapter 13, you must wait six years before registering for Chapter 7 protection and becoming eligible for a discharge. However, there are exceptions to this six-year rule.
In exceptional situations, it may make sense to file for Chapter 13 bankruptcy immediately after receiving a Chapter 7 discharge, despite the fact that bankruptcy cannot legally result in a second discharge. This procedure is so common that it has its own informal appellation, Chapter 20, but it is only useful in very specific situations, such as when you have debt that cannot be discharged under Chapter 7 and you wish to receive additional bankruptcy protection while working to repay that debt.
After receiving a Chapter 7 discharge, there is always a waiting period before a second discharge can be granted. However, if your bankruptcy discharge was denied for some reason, you are generally free to file again immediately. If the case was dismissed due to your noncompliance, the court may impose a 180-day waiting period before allowing you to refile. If your first Chapter 7 petition was denied, it is unlikely that your second petition will be approved.
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