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One can file a bankruptcy case at any time. The only issues upon filing will be:

1. Under what Chapter will one be permitted to file;

2. Whether one will get the benefit of the automatic stay while the case is pending; and

3. Whether one will get a discharge at the end of the case.

If a prior case was filed but no discharge order was ever issued, a stay of all collection efforts will issue automatically and the debtor may be eligible for a discharge at the end of the case. If a discharge order was indeed entered in the prior case, a Debtor must wait for specified periods if he or she is to benefit from an automatic stay and receive a discharge in the new case. The following is a table summarizing the waiting period required by law to stay creditors and get a discharge of debts:

Prior Case Chapter 7 Chapter 13

Chapter 7 8 years 4 years

Chapter 11 8 years 4 years

Chapter 12 6 years 4 years

Chapter 13 6 years 2 years

- BensonBankruptcy.comYou can refile after your bankruptcy case has been discharged by the court. I filed a chapter 7 in December, it was discharged March 15 and I filed a chapter 13 on the 22nd.

You can file chapter 13 as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years.

"Dismissed" means the court threw your case out without "Discharging" any of your debt.

You can either file Chap 13 immediately, or go to another Chap 7 filing after waiting 6 months...sort of a penalty period. Unless that has changed to, as someone said, 6 or 7 years.

www.nolo.com has most of the information you will need.

You cannot file a Chapter 7 case for 6 years after the filing date of a prior Chapter 7 or Chapter 13 which received Discharge. You can file a Chapter 13 nearly anytime so long as no other case is pending (with some exceptions). (FYI filing a Chapter 13 immediately after a Chapter 7 is called a "Chapter 20"). As of today (2/11/05) there is legislation pending in the United States Senate which I believe will increase the time you have to wait to 8 years, but this law may or may not get passed.

However, if the case was dismissed (and not Discharged), one can normally re-file immediately after dismissal unless the Court places a bar to re-filing, or unless the circumstances create a bar to re-filing. Sometimes, if the Court feels that a debtor acted in bad faith or for some other reason, the Court may bar the debtor from re-filing for some period of time. Or, once a Motion for Relief is filed by a creditor, if the debtor voluntarily dismisses his or her own case, then that debtor is automatically barred from filing a new case for 180 days. Please keep in mind that nothing in this posting or in any other posting constitutes legal advice, it is simply my understanding of the facts, which I do not warrant in any way.

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โˆ™ 2015-07-15 21:45:22
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Q: Can you refile immediately after your bankruptcy has been dismissed?
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Can a chapter 13 bankruptcy that has been dismissed be discharged?

No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.


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What is dismissed versus discharged in regards to bankruptcy?

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