Skip to main content

We filed chapter 7 in 2000 and Chapter 13 in 2006, bothe have been dishcharged , can we file chapter 7 again ?

Great Falls, MT |

my wife & I are both on Social Security Disabilty, our income changed when my wife lost her job in 2012., and she went on SSD. We have a truck & Camper , & credit card bills along with medical bills.

Attorney Answers 3


I guess 3rd time is a charm. Generally, a debtor must wait 6 years to file chapter 7 after a chapter 13. The time runs from filing date to filing date. So you should be fine to file a chapter 7 if your prior chapter 13 was filed in 2006. Please verify everything with a bankruptcy attorney in your area.

Mark as helpful

8 lawyers agree


After filing a chapter 13 case that results in a discharge, you generally need to wait 6 years before filing chapter 7. So from what you've said, it sounds like you can file again.

Mark as helpful

6 lawyers agree


You need to wait 6 years between the filing date of a Chapter 13 to file a Chapter 7 and get the discharge, so you would be eligible to file a Chapter 7 now. If your only source of income is social security then you might be "judgment proof." You should consult with an attorney to see if bankruptcy is the right answer for you.

Mark as helpful

8 lawyers agree

Bankruptcy and debt topics

Recommended articles about Bankruptcy and debt

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics