Can I File Chapter 13 After Chapter 7? Understanding the Time Limits & Options
Financial hardship can strike more than once. If you've previously filed for Chapter 7 bankruptcy and are now wondering whether you can file Chapter 13, you're not alone. Many Californians find themselves needing additional relief after their first bankruptcy case. The good news?
Filing Chapter 13 after Chapter 7 is possible—but there are rules you need to understand.
What Is the Time Limit Between Chapter 7 and Chapter 13?
Under federal bankruptcy law, you must wait
four years from the filing date of your Chapter 7 case before you can receive a discharge under Chapter 13. This rule helps prevent abuse of the system, but it doesn’t always mean you have to wait to file if your goal isn’t a discharge.
Filing Chapter 13 Without Waiting Four Years
In some cases, people file a Chapter 13 soon after a Chapter 7—not for discharge, but for protection. For example, if you're facing foreclosure or need time to catch up on mortgage payments, a Chapter 13 filing can give you breathing room even if you’re not eligible for a second discharge.
This is often called a “Chapter 20” strategy—filing Chapter 7 followed by Chapter 13. It’s a legal approach that may allow you to:
- Stop foreclosure
- Catch up on missed mortgage payments
- Avoid certain types of collection actions
- Keep assets you couldn’t protect under Chapter 7
Why Chapter 13 Might Be a Smart Second Step
If your Chapter 7 case wiped out your unsecured debts (like credit cards or medical bills), but you’re still behind on secured debts (like your mortgage or car loan), Chapter 13 may help you manage those remaining obligations over time.
What About Cases Where You’ve Filed Chapter 13 Before?
The reverse scenario—filing Chapter 7 after a Chapter 13—has different rules. If you previously received a discharge in Chapter 13, you must wait
six years before filing Chapter 7, unless you paid your creditors in full or at least 70% of what was owed in your Chapter 13.
Talk to a Bankruptcy Attorney Before You File Again
Every case is different. Your income, debt type, property, and filing history all affect your options.
At Michael Benavides Legal, we help California clients review their financial situation and choose the right strategy—whether that means filing now or waiting until it’s the right time.
Let’s Talk About Your Options
If you're asking “how soon can I file Chapter 13 after Chapter 7?” it’s time to get legal advice.
Reach out today for a consultation and start planning your next steps with clarity.
