The short answer is YES.
But, as with most legal questions, it is a little more complicated than that. When you have filed bankruptcy before, and want to file another bankruptcy, there are 4 things to consider:
- Did you get a discharge in the previous case?
- What Chapter of bankruptcy did you previously file?
- What was the date of your previous bankruptcy filing?
- What Chapter of bankruptcy do you want to file now?
If you didn’t receive a discharge in the previous case, there is no waiting period to file another bankruptcy (under either Chapter 7 or Chapter 13). The only exception to this is if the bankruptcy court has barred you from re-filing, which is a pretty rare act and usually only happens if the bankruptcy court determines someone is committing fraud or abusing the system.
Chapter 7: You will need to wait 8 years to file another Chapter 7 bankruptcy if you previously filed a Chapter 7. The 8 year clock starts on the day you filed your previous case. For example, if you filed a Chapter 7 bankruptcy on September 1, 2009, then you can file another Chapter 7 any time after September 1, 2017. If you can’t wait 8 years, and need protection from your creditors sooner than that, then the next best option is to file Chapter 13.
Chapter 13: If you filed a previous Chapter 7, you only have to wait 4 years to file Chapter 13 and be eligible to discharge debt. Again, the 4 year clock starts running on the date your previous bankruptcy was filed (not discharged). So using the same facts as the previous example, if you filed a Chapter 7 on September 1, 2009, then you would be able to file for Chapter 13 any time after September 1, 2013 and get a discharge of your debt.
If you have previously filed a Chapter 7, and are not eligible to file another Chapter 7, then Chapter 13 can be a great solution. Chapter 13 is a debt reorganization. However, there is a common misconception that if someone files for Chapter 13, they will need to repay all of their debts in the reorganization plan. That is simply not true. In most Chapter 13 cases, the individual filing the case is still able to discharge all of their unsecured debt (credit cards, medical bills, payday loans, repossessions, etc.) just like in a Chapter 7.
Chapter 7: If you received a discharge in a previous Chapter 13, then you will need to wait 6 years from the date of filing before you can file under Chapter 7. Keep in mind, the relevant date is the date when your previous Chapter 13 was filed (not discharged). For example, assume your previous Chapter 13 was filed on September 1, 2011. You would be eligible to file a Chapter 7 any time after September 1, 2017. There is an exception to this 6 year waiting period. If in the previous Chapter 13 bankruptcy you paid at least 70% of your unsecured debt, then you do not have to wait 6 years to file a Chapter 7.
Chapter 13: If you received a discharge in a previous Chapter 13, then you will have to wait 2 years from the date of filing of the previous Chapter 13 to file another Chapter 13 and get a discharge. Typically, Chapter 13 cases last anywhere from 3 to 5 years, so filing a subsequent Chapter 13 is not a problem and rarely requires a waiting period.