Can you file chapter 13 twice

When you proceed with a Chapter 13 case, you must file a plan detailing how some, or all, of the debts will be repaid over time.

In addition, you or your attorney, in conjunction with the trustee for your case, will determine a reasonable amount that you can afford to pay back to creditors. That amount is based on your assets, monthly income and monthly expenses. Filing Chapter 13 immediately after Chapter 7 is also referred to as Chapter 20 bankruptcy.

In order to get debts discharged through Chapter 13, you must wait four years after filing a Chapter 7 bankruptcy. You can file for Chapter 13 before four years if no debts were discharged in the Chapter 7 filing, but if you had debts discharged in Chapter 7 and want to have debts discharged in Chapter 13, you must wait four years.

If you file Chapter 13 at least four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan.

Student loans — one of the most significant debts Americans face — are also not dischargeable. How We Make Money. Dan Miller. Written by. Dan Miller is a contributing writer for Bankrate. Dan writes about loans, home equity and debt management. Edited By Chelsea Wing. In a few cases, a debtor may want to file for bankruptcy to extend the time in which they can pay off the debt.

A repeat filing under Chapter 13 may be useful in these cases because it can spread the payments on the debt across the three to five years of the repayment plan. A debtor also may want to file under Chapter 13 immediately after getting a discharge under Chapter 7. A Chapter 20 bankruptcy may help debtors who have a substantial amount of debt but want the benefits of the repayment plan under Chapter 13, which allows them to pay off debts over time.

Filing under Chapter 7 can help you trim your overall debt to be more manageable so that you can qualify for Chapter 13 and have a better chance of paying off your remaining debts efficiently. Even though the ensuing Chapter 13 case will not result in a discharge, it will allow you to catch up on substantial debts related to important assets, such as your home or car. It also can help you pay off debts that are not dischargeable.

In some situations, a debtor can strip off second or subsequent mortgages through Chapter 20 as well. Last reviewed October Bankruptcy Contents. Filing Under the Same Chapter If you previously filed for bankruptcy under Chapter 7, you will need to wait eight years after you filed to seek another discharge under Chapter 7. Filing Under a Different Chapter If you filed under Chapter 7 previously, you can seek a discharge under Chapter 13 four years after the Chapter 7 filing.

Filing Without Receiving a Discharge in the First Case A debtor generally can file a second bankruptcy at any time if they did not receive a discharge in the first bankruptcy case. Filing Without Seeking a Discharge In a few cases, a debtor may want to file for bankruptcy to extend the time in which they can pay off the debt.

Automatic Stays in Bankruptcy. Services are also available in Spanish. Have you decided to file for bankruptcy a second time, but under a different chapter than the first?

If so, it is important to discuss what restrictions could apply with an experienced bankruptcy attorney in Chicago. The time limitations vary in each scenario Chapter 7 to Chapter 13 and Chapter 13 to Chapter 7. These are the time limitations to file:. If you have decided to file under Chapter 13 after initially filing under Chapter 7, it is important that you review the restrictions of successive filings with a Chicago bankruptcy attorney. The court may not approve your financial plan, and cause your case to convert into a Chapter 7 bankruptcy.

If you decided to file less than eight years after the first filing, however, you may be ineligible for a second discharge of debt. Discuss your situation with our Chicago bankruptcy lawyer! Under certain circumstances, you would not need to worry about time limitations for a second bankruptcy filing.

If your first petition was dismissed because you had failed to appear in court, you would only need to wait days before filing again—regardless of whether or not you would be filing under the same chapter. In the event that you were not granted a discharge of debt in the original bankruptcy case, you may also choose to re-file without restrictions.

It is important to understand that the court may not discharge the debt that was included in the original case, however, so this decision should be carefully considered with a Chicago Bankruptcy lawyer.

Have you considered filing for bankruptcy a second time in Illinois? Expect the court to order you to wait days before refiling another case in these situations. If the court dismisses your bankruptcy case and you file another case within one year, the automatic stay in the new matter would be limited to 30 days.

If you had two or more dismissals within one year of your new bankruptcy, you wouldn't receive the benefit of the automatic stay. In either situation, the remedy is to file a motion asking the court to order or extend the automatic stay in your current case. You'll need to explain why doing so would be fair in the present matter. If you want to extend the automatic stay, you must file a motion with the court.

In your motion, you'll explain why your previous bankruptcy was dismissed and why the court should extend the stay in your current case. You'll have to prove that you filed the subsequent bankruptcy in good faith not merely to delay or defraud creditors. The specific procedures for filing a motion to extend the automatic stay depend on the rules in your jurisdiction. But the following are typically the most common steps you must take:.

Find and complete the appropriate forms. Each bankruptcy district has forms for specific motions and notices. Check with your local bankruptcy court to find all paperwork related to motions to extend the automatic stay.

But be aware that your jurisdiction may not have a standard form to fill out. In that case, you will have to create the motion and declarations.

You can find your court's website using the Federal Court Finder tool. Obtain a hearing date and file the motion.