Can You File Under a Different Chapter Than Before?
Have you decided to file for bankruptcy a second time, but under a different chapter than the first? If so, it is important to discuss what restrictions could apply with an experienced bankruptcy attorney in Chicago. The time limitations vary in each scenario (Chapter 7 to Chapter 13 and Chapter 13 to Chapter 7).
These are the time limitations to file:
- Filing Under Chapter 13, Then Chapter 7 – If your debt was initially discharged through a Chapter 13 bankruptcy, you may need to wait six years from the date of the original filing to receive a second discharge under a different chapter.
- Under Chapter 7, Then Chapter 13 – You may need to wait four years from the date of the original filing if your debt was initially discharged through a Chapter 7 bankruptcy. This is needed to receive a second discharge under a different chapter.
If you have decided to file under Chapter 13 after initially filing under Chapter 7, it is important that you review the restrictions of successive filings with a Chicago bankruptcy attorney. The court may not approve your financial plan, and cause your case to convert into a Chapter 7 bankruptcy. If you decided to file less than eight years after the first filing, however, you may be ineligible for a second discharge of debt. Discuss your situation with our Chicago bankruptcy lawyer!
When Restrictions Don't Apply
Under certain circumstances, you would not need to worry about time limitations for a second bankruptcy filing. If your first petition was dismissed because you had failed to appear in court, you would only need to wait 180 days before filing again—regardless of whether or not you would be filing under the same chapter.
In the event that you were not granted a discharge of debt in the original bankruptcy case, you may also choose to re-file without restrictions. It is important to understand that the court may not discharge the debt that was included in the original case, however, so this decision should be carefully considered with a Chicago Bankruptcy lawyer.
Get a Free Review on Your Second Bankruptcy (312) 957-8077
Have you considered filing for bankruptcy a second time in Illinois? If so, the experienced legal team at Joseph P. Doyle encourages you to consult with a bankruptcy lawyer from our firm. In doing so, you can ensure that you are fully prepared for the process ahead. Contact us today to learn more!