One of the most common questions pertaining to the personal bankruptcy process revolves around whether or not it’s possible to file bankruptcy more than once. Believe it or not, there are actually instances where people want to file multiple times, and while there are strict rules governing multiple filings, it is possible to file again and again. But what about filing different chapters of bankruptcy? For instance, can you file Chapter 13 after Chapter 7? The short answer is yes, but please read on for the more detailed explanation.

According to Section 1328 (f)(1) of the US Bankruptcy Code, an individual debtor is not eligible for a discharge through Chapter 13 if he or she already received a discharge in Chapter 7 within four years of the current case. However, there is an important stipulation worth mentioning –

An individual can technically file a Chapter 13 case after Chapter 7 as long as there was not a previous dismissed case within the last year, though it’s important to note that the debtor will not receive a discharge at the conclusion of the case. This brings up an important question – why would someone want to file for bankruptcy if their debts won’t be ultimately discharged? The reason is that filing for bankruptcy will enact the automatic stay, which prevents creditors from making contact with the debtor over past non-payment issues. In the meantime, under Chapter 13, the debtor can formulate a plan to pay back their debts without losing valuable assets (i.e. their home).

If you think that it might make sense to file Chapter 13 after Chapter 7, consider contacting a reputable bankruptcy attorney in your area using our free bankruptcy evaluation form.