This depends on the type of bankruptcy you file for.
A Chapter 7 bankruptcy petition:
- Can only be filed once every eight years. The eight years starts from the filing date, not the discharge date.
- Can be filed anytime after the completion of a Chapter 13 case, unless the unsecured creditors in the Chapter 13 case received less than 70 percent of their claims, in which case there is a six-year waiting period.
A Chapter 13 bankruptcy petition:
- Can be filed anytime after the completion of a Chapter 7 case. Although, if it is filed less than four years after the Chapter 7 filing, the debtor will not be eligible for a discharge at the end of the case.
- An additional Chapter 13 bankruptcy petition can be filed anytime after the completion of a Chapter 13 case, unless the case lasted less than two years, in which case the debtor would have to wait until the two years is up.
All of these scenarios assume that the first case was completed and discharged. If the first case was dismissed, as opposed to discharged, then there is no time bar to refiling, except in certain situations.
If you have had a case dismissed within the last year, there may be some issues with refiling, depending on the circumstances. If you have this situation, contact our firm online, Schwartz Bankruptcy Law Center, to schedule a free initial consultation and discuss your situation and debt relief options.