Expert: Mark J. Markus- California Bankruptcy Attorney - 11/16/2006

Question
I have several questions about the time frames between bankruptcy filings.
I am doing a report on bankruptcy

1. How long between filing a chapter 7 can you file another chap7 if it has
been discharged?

2. How long between filing a chapter 7 can you file another chap7 if it has
been dismissed?

3. How long between filing a chapter 7 can you file another chap13 if it has
been discharged?

4. How long between filing a chapter 13 can you file another chap13 if it
has been discharged?

5. How long between filing a chapter 13 can you file another chap13 if it
has been dismissed?

6. How long between filing a chapter 13 can you file another chap7 if it has
been discharged or dismissed?

Thanks

Answer
The answer to all your questions, as stated, is "at any time".  However, what I think you were trying to ask is, how long after filing the prior case can you RECEIVE A DISCHARGE in a newly filed case under the various chapters.

The answers to THAT question, in the order you presented them, are as follows:

1.  8 years from date of filing of prior case;

2.  immediately, but there may be issues with the automatic stay

3.  4 years from date of filing of prior case.

4.  2 years from date of filing of prior case.

5.  immediately

6.  Discharge:  6 years, unless the plan payments totaled 100% of unsecured claims, or 70% of such claims and plan was proposed in good faith and was debtor's "best effort"; Dismissed: Anytime.