You are eligible to file a Chapter 7 every eight (8) years from the date of your previous filing. In the meantime, you still have the legal right to reorganize your debts with a Chapter 13. For more information and specifics, visit our dedicated page on re-filing for bankruptcy.
Filing a Chapter 13 provides full court protection from creditors and creditor actions such as:
- Home foreclosure
- Vehicle repossession
- Utility shut-offs, etc.
If it has been over four years since your Chapter 7 filing:
- You are eligible to eliminate a portion of not the majority of your unsecured debt obligations with a Chapter 13 discharge.
If it has been less than four years since your Chapter 7 filing:
- You are still eligible to file a Chapter 13 and reorganize debt, but you are not eligible to discharge debt.
- For instance, you are eligible to file Chapter 13 for purpose of protecting your home from foreclosure and paying back mortgage arrears even if it has been less than 4 years since your Chapter 7 filing.
If you have previously filed a Chapter 13, you are immediately eligible to re-file unless there is a court order barring you.