Chapter 7 Discharge

• A person who received a Chapter 7 discharge must wait at least eight years before filing another Chapter 7 bankruptcy. Some people may experience a severe financial hardship soon after the previous Chapter 7 discharge and prefer not to wait eight years before filing for bankruptcy again. In those instances, the person can file for Chapter 13 bankruptcy four years after filing the previous Chapter 7 case, according to 11 U.S.C. §1328(f)(1). A person cannot receive a discharge in his subsequent case if he does not comply with these waiting periods.
  
  

Chapter 13 Discharge

• If a person previously received a Chapter 13 discharge, the person must wait at least two years to file another Chapter 13 case. If a person already received a Chapter 13 discharge and later qualifies for Chapter 7 bankruptcy, he must wait at least six years to file the Chapter 7 case. According to 11 U.S.C. §727(a)(9), the person must wait six years to get a subsequent Chapter 7 discharge unless he paid at least 70 percent of the unsecured claims in the previous Chapter 13 case.
  
  

Involuntary Dismissal of Previous Case

• The bankruptcy court can issue an involuntary dismissal if the debtor does not comply with the orders of the court and prevents the case from moving forward. If the debtor's bankruptcy case was dismissed due to willful failure to abide by court orders or willful failure to appear in court, he must wait at least 180 days before filing another bankruptcy case, as stated in 11 U.S.C. §109(g). If the court involuntary dismisses the case without ruling that any willful violations were committed by the debtor, another bankruptcy case can be filed immediately.
  
  

Voluntary Dismissal of Previous Case

• When a debtor is granted a voluntary dismissal of his case after a motion for relief from stay has been filed by a creditor, he may have to wait 180 days before filing another bankruptcy case. If the motion for relief from automatic stay was granted, the creditor would no longer have to abide by the automatic stay protection granted to the debtor and the designated property. This waiting period was imposed by BAPCPA to prevent debtors from repeatedly dismissing and re-filing bankruptcy cases whenever their property was in danger of being repossessed by a creditor. If the debtor has valid reasons for filing a new bankruptcy case before the 180-day period expires, the presumption of abuse can be disregarded.