How many times can you declar chapter 13?

Answer 1

THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES.

IT IS PART OF THE DATABASE HERE.

PROPERLY USING THE SYSTEM MEANS YOU WOULD HAVE GOTTEN THE ANSWER WITHOUT HAVING TO WAIT!

Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.

The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.

The above notes discharge dates

my home was taken out of bankruptcy for non payment to the mortgage company but money was taken from check bi- weekly. I would like to voluntarily dissmiss the bankruptcy. If I voluntarily dissmiss how long do I have to wait to refile a chapter 13?

Answer 2

If you filed and received a discharge in a prior Chapter 13 case, there is a 2-year waiting period before a second Chapter 13 case can be filed. But that's pretty much meaningless since nearly every 13 takes longer than 2 years to complete.

If you did not receive a discharge in the prior case, you can refile at any time (unless the prior case was dismissed following a motion to lift the automatic stay -- then there is a 6-month waiting period).

You should know that, if you did not receive a discharge in the prior case, the automatic stay in the second case will expire after 30 days if the first case was active within a year of the filing of the second case. In order to extend the stay under these circumstances, a debtor would be required to file a motion to extend the stay and provide an acceptable reason why the court should grant the motion.

Answer 3

If there are no issues of fraud, you are usually entitled to just one discharge in 10 years. You may be able to file a second chapter 13 soon after the first one has been closed, but you have to ask the court to extend the automatic stay more than 30 days after filing the second one.