In most cases an individual must wait 8 years to file a new Chapter 7 case and 4 years to file a Chapter 13 bankruptcy case. However, a debtor can file a new Chapter 13 bankruptcy case after two years if the prior bankruptcy was also a Chapter 13 bankruptcy. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.
A debtor may be able re-file a Chapter 13 bankruptcy immediately after a dismissal of a prior Chapter 13 bankruptcy, however there are many issues and ramifications involved and an attorney knowledgeable in bankruptcy should be contacted. The Voelker Firm with offices in both Williamstown and Cold Spring can help. Contact them at 859-824-3361.
