“How long between Chapter 7 bankruptcies” usually refers to how much time must pass before an individual can file for Chapter 7 again and potentially receive a discharge. The answer depends on whether the person previously received a Chapter 7 discharge and whether they filed under Chapter 7 or Chapter 13 previously.
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Answer
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Typical meaning of the question
“How long between Chapter 7 bankruptcies” usually refers to how much time must pass before an individual can file for Chapter 7 again and potentially receive a discharge. The answer depends on whether the person previously received a Chapter 7 discharge and whether they filed under Chapter 7 or Chapter 13 previously.
General timing rules (U.S. bankruptcy law)
In the U.S., the Bankruptcy Code sets minimum waiting periods for Chapter 7 discharge eligibility. Commonly cited rules include: (1) If you previously received a Chapter 7 discharge, you generally must wait 8 years from the date of that discharge before you can receive another Chapter 7 discharge. (2) If you previously received a Chapter 13 discharge, you generally must wait 6 years from the date of that Chapter 13 discharge before you can receive a Chapter 7 discharge. Note: These are discharge eligibility rules, not necessarily filing limits—someone may be able to file sooner, but the court may not grant a Chapter 7 discharge until the waiting period is satisfied.
FAQ
FAQ 1: Can I file Chapter 7 again before the waiting period? Often you can file, but you may not be eligible for a Chapter 7 discharge until the required time has passed.
FAQ 2: What date matters—filing date or discharge date? The waiting period is typically measured from the prior discharge date.
FAQ 3: Do the rules change for couples or joint filings? Joint cases can involve separate discharge eligibility calculations; details depend on the prior case and who received the discharge.
