bankruptcy filing time limits

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There are filing time limits.  When you file a Chapter 7 or Chapter 13 bankruptcy, a temporary court order called a stay goes into effect.  Normally the goal is to get the permanent court order called a discharge at the end of the case.   You can only obtain one discharge every few years. These are the Bankruptcy Filing Time Limitations. If you only need to stop a foreclosure you may not need a discharge, but if you need to strip a second mortgage you have to get the discharge in Kentucky.  Only individuals can file a Chapter 13 but corporations and business entities can file a Chapter 7 or 11.  There is a dollar limit of about $360,000 of unsecured debt and $1,250,000 in secured debt in a Chapter 13 but no dollar limit for a Chapter 7.

In order to convert a Chapter 13 to a Chapter 7, you must have qualified for a Chapter 7 at the time of filing. If you filed a Chapter 13 because you were not able to qualify for a Chapter 7, then you will not be able to convert.  You have to dismiss and file a new case as a Chapter 7.  This is because the time runs from date filed to date filed.

These are the amount of time you have to wait from one discharge until you can get the next.

Type of Original Discharge

Next Case is a:

Waiting period

Statute

Chapter 7 discharge

Next Chapter 7

8 years

11 USC 727 (8)

Chapter 7 discharge

Next Chapter  13

4 years

11 USC 1328 f

Chapter 13 paid over 70%

Next Chapter 7

no waiting

Chapter 13 paid less than 70%

Next Chapter 7

6 years

11 USC 727 (9)

Chapter 13 discharge

Next Chapter 13

2 years

11 USC 1328 f