How long after filing for Chapter 7 Bankruptcy can you file for Chapter 13?

There are different time regulations depending on the different situations possible for petitioning for bankruptcy. When Chapter 7 bankruptcy is granted successfully, resulting in a discharge of debts, the debtor may not file for Chapter 13 bankruptcy for four years, or file Chapter 7 again for six years from the time of the Chapter 7 discharge. When Chapter 13 bankruptcy is granted successfully, resulting in a discharge of debts, the debtor may not file for Chapter 7 bankruptcy for six years, or file Chapter 13 bankruptcy again for two years from the time of the initial Chapter 13 discharge.

However, in this case where an unsuccessful petition is expected, conversion is simple, and often even initiated by the bankruptcy court, rather than the debtor themselves. If the initial means test for Chapter 7 bankruptcy is not passed, the petition will be audited again for the possibility of Chapter 13 bankruptcy. This reevaluation audit will also occur in the unlikely situation that the means test is passed, but the petition is not granted.

This transition from Chapter 7 to Chapter 13 bankruptcy can be initiated at any point during the bankruptcy process by the debtor through a second petition, but should only be requested by debtors with situations such as this one, where a consistent income is maintained to be able to pay for Chapter 13 bankruptcy’s repayment plan.

Talk to a Bankruptcy Lawyer to learn more about the options you have to get debts discharged.