How often can you file Bankruptcy?

Chapter 7 –> Chapter 7 or Chapter 11? You can file chapter 7 or file a chapter 11 and get a discharge in a chapter 11 only after 8 years from the date of filing a chapter 7. Filing not discharge.

Chapter 7 –> Chapter 13? You can file chapter 13 any time after filing chapter 7, but you can’t get a discharge in the chapter 13 unless the chapter 13 is filed 4 years after the filing of the chapter 7.

Chapter 13 –> Chapter 7? You can file chapter 7 after 6 years from the filing of the chapter 13 or anytime after the discharge of the chapter 13 if your chapter 13 paid 100% to unsecured creditors.

Chapter 13 –> Chapter 13? You can file chapter 13 anytime after discharge or dismissal of the prior chapter 13. However, if a discharge was received in the prior case and that case was filed less than 2 years ago, you cannot receive a discharge in the subsequent case but you are protected by the automatic stay. If the prior chapter 13 was dismissed, you can still re-file anytime but there are some rules that need to be addressed regarding the automatic stay. Please see an attorney. If you have had a case pending in the last year, then the automatic stay is only in place for 30 days and a motion to continue the automatic stay must be filed to extend it beyond that 30 days.  If you have had more than one case pending in the last year, then the automatic stay is not in place and a motion to impose the automatic stay must be filed and a hearing must take place within 30 days of filing the case or you are not protected. You can argue that if the case gets confirmed the automatic stay is reactivated.  See an attorney.