The Waiting Periods to Refile Are 2, 4, 6 and 8 Years |
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| Two Years If your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 13, then the waiting period is only two years. Four Years If your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 13, then the waiting period is four years. Six Years If your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 7, then the waiting period is six years. Eight Years If your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 7, then the waiting period is eight years. Important Note for homeowners in foreclosure: Even if you do not qualify to file again based on the above criteria, you can still file for Chapter 13 if the primary concern is curing mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure. For Chapter 7 cases, section 727(a)(8) of the Code provides: (a) The court shall grant the debtor a discharge, unless – . . .(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition; (9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least— (A) 100 percent of the allowed unsecured claims in such case; or (B) (i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort.22
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Waiting Periods to Refile
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