A common question we receive is: "I filed bankruptcy [x] years ago, does that affect me?" Section 727 of the Bankruptcy Code lists the amount of time that a person must wait if he has received a bankruptcy discharge. The following are the amounts of years that must be between the filing dates of the bankruptcy cases and their respective Chapters:
Between Chapter 7 and Chapter 7: 8 Years
Between Chapter 7 and Chapter 13: 4 Years
Between Chapter 13 and Chapter 7: 6 Years
Between Chapter 13 and Chapter 13: 2 Years
The six year requirement between a Chapter 13 and a Chapter 7 has two exceptions: (1) the debtor paid all "allowed unsecured" claims in the earlier
case in full, or (2) the debtor made payments under the plan in the
earlier case totaling at least 70 percent of the allowed unsecured
claims and the debtor's plan was proposed in good faith and the payments
represented the debtor's best effort.
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