Bankruptcy Attorney

Understanding the Waiting Period: Filing Chapter 13 After a Previous Discharge

Understanding the Waiting Period: Filing Chapter 13 After a Previous Discharge

“When it comes to filing a subsequent Chapter 13 bankruptcy after a previous discharge, the law stipulates a specific waiting period. According to the U.S. Bankruptcy Code, you must wait two years from the date of filing your previous Chapter 13 bankruptcy before you can file another one.

It's important to note that this two-year period is calculated from the filing date of your previous bankruptcy, not the discharge date. This distinction is crucial because a Chapter 13 bankruptcy typically lasts three to five years, meaning that in most cases, you'll be eligible to file again immediately after your previous case is closed.”

Can I get rid of my Unsecured Debt when I file Chapter 13 Bankruptcy?

Can I get rid of my Unsecured Debt when I file Chapter 13 Bankruptcy?

“Yes, you can get rid of some of your unsecured debt when you file for Chapter 13 bankruptcy, but not all of it. Chapter 13 bankruptcy is a debt reorganization plan that allows you to consolidate and repay some or all of your debts over a period of three to five years.”

Can I get rid of my second mortgage if I file Chapter 13 Bankruptcy?

Can I get rid of my second mortgage if I file Chapter 13 Bankruptcy?

“Lien stripping is only available in Chapter 13 bankruptcy and is only possible if the value of your home is less than the amount you owe on your first mortgage. In other words, if your home is worth less than what you owe on your primary mortgage, then the second mortgage or home equity loan may be considered unsecured debt, which can be treated similarly to credit card or medical debts.”

What is the difference between Chapter 7 vs. Chapter 13 Bankruptcy?

What is the difference between Chapter 7 vs. Chapter 13 Bankruptcy?

“Chapter 7 bankruptcy, also known as "liquidation bankruptcy," allows the debtor to eliminate most types of unsecured debts, such as credit card debts, medical bills, and personal loans, without making any payments to creditors. In exchange, the debtor may have to surrender some non-exempt assets, which are sold by the trustee to pay off a portion of the debts. This process usually takes about 3-6 months and may have some negative impacts on the debtor's credit score.”