It depends on whether you are seeking a discharge in the chapter 13. If you are, you must wait 4 years from the date you filed the chapter 7. If you are not seeking a discharge and just want the protection of the automatic stay then you do not need to wait a specific amount of time to file the chapter 13 after the chapter 7.
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
General rule: You must wait four years from the date of receiving your Chapter 7 discharge to receive a discharge through a subsequent Chapter 13 repayment Plan. If you make your Chapter 13 plan payable over a 48-60 month period, then you would normally be eligible for discharge at the end of your Plan. It is also possible to file Chapter 13 bankruptcy immediately after obtaining a Chapter 7 discharge if you are seeking relief from foreclosure and have had no bankruptcy cases dismissed in the year before filing.
It is definitely recommended that professional help be sought before this type of filing.