Can I file a chapter 13 bankruptcy if I previously filed a chapter 13 bankruptcy?
It’s an uncommon fact pattern (since in most cases, chapter 13 bankruptcies take at least 3 years), but if you had previously filed a chapter 13 bankruptcy and received a discharge, you can’t file another chapter 13 bankruptcy that results in a chapter 13 discharge until: at least 2 years have passed since you filed the prior chapter 13 bankruptcy. There is no bar to filing a chapter 13 bankruptcy within 2 years after filing a prior chapter 13 bankruptcy that resulted in a discharge. However, if you don’t wait the prescribed 2-year period, then your subsequent chapter 13 bankruptcy will not end in a discharge, meaning you won’t eliminate any debt that you don’t actually pay for. In other words, you wouldn’t get to pay pennies on the dollar. Though, even without a discharge, you might benefit from court protection and the ability to distribute payments of debts over the course of up to 60 months. Confusing, right? Well, write your Congress-person. The rules are not my concoction. and I’
