The Waiting Game: Eligibility For A Bankruptcy Discharge

If you have previously filed for personal bankruptcy and are again facing financial issues, you will want to know how long before you’re eligible to receive a discharge in bankruptcy again.  The time frame depends on what type of bankruptcy you previously filed and the time is counted from filing date to filing date — not from first discharge to second filing. Here is a summary of the time frames between discharge eligibility:

  • 8 years between Chapter 7’s
  • 2 years between Chapter 13’s
  • 4 years between a Chapter 7 and Chapter 13
  • 6 years between a Chapter 13 and Chapter 7 (unless the Chapter 13 paid between 70 and 100% of unsecured creditor claims over the 3-5 year length of the plan)

Please note you can file a chapter 13 bankruptcy at any time; however, at the end of the 3-5 year payment plan, the remainder of the debt will still be owed if you are not eligible to receive a discharge.

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