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When can I file bankruptcy a second time?

Writer's picture: John BatesJohn Bates

If your prior case was a chapter 13 bankruptcy and you paid 70% to 100% of the creditors’ claims in the prior case, you may be able file a chapter 7 case now no matter when you filed the prior chapter 13 case.


If you paid less than 70% of your creditors’ claims in the prior chapter 13 case, you can file a chapter 7 case if 6 years have passed since you filed the prior case. You can file another chapter 13 case if two years have passed since you filed the prior case.


If your prior case was a chapter 7 bankruptcy, you can file another chapter 7 bankruptcy if 8 years have passed since your prior chapter 7 case was filed. You can file a chapter 13 bankruptcy if 4 years have passed since your prior chapter 7 case was filed.


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