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Filing Bankruptcy after receiving a Chapter 7 Discharge

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Recently, I have been receiving inquiries from clients regarding filing bankruptcy after having already filed a Chapter 7 Bankruptcy and receiving a discharge. If you have already received a Chapter 7 Discharge, you can most definitely file bankruptcy again. BUT, you must obey some very specific time limits.

If you filed a Chapter 7 Bankruptcy and received a discharge, you:

  • CANNOT file another Chapter 7 for eight (8) years from the date of your Chapter 7 filing.
  • BUT, you can file a Chapter 13 Bankruptcy immediately.
  • BUT, you cannot receive a Chapter 13 Discharge unless you file four (4) years from the date of your Chapter 7 filing.

Why should I file a Chapter 13 Bankruptcy if I cannot receive a discharge?

Filling a Chapter 13 Bankruptcy immediately after receiving a Chapter 7 Discharge can be highly beneficial. A Chapter 13 can help you bring your secured debts current and/or provide a way to payoff your priority debts. Since a Chapter 7 Bankruptcy is designed as a strict liquidation, it does not provide a way for you to deal with these types of debts. Therefore, if you are behind on a secured debt (such as a mortgage or car loan), or have a priority debt that could not be discharged (such as money owed to the IRS for taxes, alimony or child support), a Chapter 13 Payment Plan can offer you a way to bring your mortgage current or pay off your IRS debt.

If you are considering filing a Chapter 13 Bankruptcy after receiving a Chapter 7 Discharge, contact an attorney today. They can help you decide if a Chapter 13 Bankruptcy is right for you and when you should file one. You can contact the Law Office of David M. Goldman, PLLC at (904) 685-1200.

Contact Information
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4115 Hendricks Ave
Jacksonville, FL 32207
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Ponte Vedra Beach, FL 32082
Phone: (904) 425-1910 Fax: (904) 875-4081
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