How Soon Can You File Chapter 13 After Chapter 7?
Thinking about filing Chapter 13 after already going through Chapter 7? You’re not alone. A lot of people run into new financial problems even after wiping out debt with Chapter 7.
The good news is that you can file Chapter 13 afterward.
But there’s a catch. Actually, a few. The timing matters. What you’re hoping to get out of the second filing matters. And your past bankruptcy details matter, too.
In this post, we’ll explain how you can file Chapter 13 after Chapter 7.
Can You File Chapter 13 After Chapter 7?
Yes, you can file Chapter 13 after filing Chapter 7. People do it all the time. But getting another discharge isn’t always possible right away.
If you already got a discharge from your Chapter 7 case, you’ll have to wait a bit before you can get another one in Chapter 13. The rules are pretty specific on this.
But even if you’re not eligible for a second discharge just yet, filing Chapter 13 could still help you solve a bunch of financial problems.
Also Read: Can I File Chapter 7 Before 8 Years?
We’ll get into all of this in a minute.
How Soon Can You File Chapter 13 After Chapter 7?
If you want a full discharge in your Chapter 13 case, you have to wait at least four years from the date you filed your Chapter 7.
And it’s not counted from when your case closed or when you got the discharge, it starts from the filing date.
For example, let’s say you filed Chapter 7 on June 1, 2023. That means you’d need to wait until at least June 1, 2027 to file a Chapter 13 and be eligible for a full discharge in that case.
Why four years? It’s just how the law works.
It’s designed to prevent people from abusing the system by stacking bankruptcies back-to-back just to escape all debts.
Filing Chapter 13 Sooner (Without A Discharge)
You can file Chapter 13 sooner than four years. But you won’t be eligible for a discharge.
That might sound like a deal-breaker for most people, but sometimes it’s totally worth it – depending on what you’re trying to fix.
Here are some reasons people still file Chapter 13 without waiting for discharge eligibility:
- To stop a foreclosure and catch up on missed mortgage payments
- To prevent car repossession and keep up with payments over time
- To manage IRS debt or other non-dischargeable stuff
- To get court protection while paying off debts in an organized way
This combo of Chapter 7 followed by Chapter 13 is often called a Chapter 20.
This is not a real bankruptcy chapter. It’s just a nickname lawyers use.
The idea is: you wipe out unsecured debts in Chapter 7, then use Chapter 13 to deal with secured or lingering debts under court protection.
You don’t get a second discharge at the end, but the structure and breathing room Chapter 13 gives you might be exactly what you need.
Also Read: How Long Will Chapter 13 Delay Foreclosure?
What Happens If You Don’t Wait 4 Years?
Let’s say you went ahead and filed Chapter 13 two years after your Chapter 7. You’re allowed to do it. But what actually happens?
You’ll still get many of the protections that come with filing.
You’ll be under the automatic stay, which means creditors have to back off. You can set up a payment plan through the court. You can save your house or car if you’re behind on payments.
What you won’t get is a discharge. That means any unsecured debts are still hanging around like credit card balances or personal loans won’t be wiped out at the end of your plan.
You’ll have to pay those according to the terms you set in your plan, or whatever’s left will still be there afterward.
What If You Didn’t Get A Discharge In Chapter 7?
Now here’s another scenario: what if your Chapter 7 case didn’t end in a discharge at all?
Maybe it was dismissed. Maybe it got denied.
In that case, the 4-year rule might not apply. If there was no discharge granted, the timing restrictions for filing another bankruptcy could be shorter – or even nonexistent.
Also Read: Is Bankruptcy Public Record?
But this part gets a little tricky, and it really depends on why your Chapter 7 didn’t go through.
If it was dismissed for failing to follow rules or missing deadlines, you might have to wait 180 days before filing again. If it was denied because of fraud or bad faith, then a future discharge might not be possible at all.
So timing is only part of the story. The reason for your prior case outcome matters just as much
Should You File Chapter 13 After Chapter 7?
Just because you can file Chapter 13 after Chapter 7 doesn’t mean it’s always the right move. This is one of those moments where having a good bankruptcy attorney can save you a ton of stress and guesswork.
Filing Chapter 13 after 7 can be smart if:
- You’re trying to save your home from foreclosure
- You need to catch up on secured debts
- You’ve got IRS or other non-wipeable debt piling up
- You need breathing room and creditor protection
On the other hand, if you don’t have much income or you’re just trying to wipe out unsecured debt, it might make sense to wait the full 4 years and go for the full discharge in your next case.
Bottom Line
Yes, you can file Chapter 13 after Chapter 7. If you’re hoping for another discharge, you’ll need to wait 4 years from the Chapter 7 filing date. But if you don’t mind skipping the discharge or just need time to get caught up on important debts, you can file sooner.
It really comes down to your goals and what you’re trying to protect.
Chapter 13 can be a smart move, even without a discharge, if it helps you hold onto your home, car, or just get back in control of your finances.
Thinking about it? Talk to a bankruptcy attorney. They’ll help you map out your timeline and make sure your next step actually makes sense for your situation.
FAQs
What Is Chapter 20?
Chapter 20 isn’t a real bankruptcy chapter, it’s just a nickname for filing Chapter 7 first, followed by Chapter 13. People usually do this to clear out unsecured debt in Chapter 7, then use Chapter 13 to deal with secured debts like a mortgage or car loan.
How Many Times Can You File Chapter 7?
There’s no strict limit on how many times you can file Chapter 7 during your life. But you have to wait 8 years between filings if you want a discharge each time.