Under new legislation made effective in 2005, there are minimum time periods which must pass before a debtor can be eligible for a discharge in a subsequent filing. From one Chapter 7 bankruptcy to the next Chapter 7 bankruptcy, eight years must pass from filing date to filing date. From a Chapter 7 bankruptcy to a Chapter 13 bankruptcy, four years must pass from filing date to filing date. From a Chapter 13 bankruptcy to a Chapter 7 bankruptcy, six years must pass from filing date to filing date. From one Chapter 13 bankruptcy to the next Chapter 13 bankruptcy, two years must pass to be eligible for a discharge. If you are not eligible for a discharge, you may still be able to file a Chapter 13 bankruptcy under certain circumstances.
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