When can I file for another bankruptcy since I am behind on my mortgage?

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When can I file for another bankruptcy since I am behind on my mortgage?

Lost my job in summer and now found suitable employment. I am in arrears by 3 months. I was discharged from a previous bankruptcy 6 months ago. I had payment plan that I paid in full.

Asked on September 13, 2011 under Bankruptcy Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you had a payment plan that indicates that you previously filed for a Chapter 13. Accordingly, the rule is that:

  • A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in a Chapter 13 case filed within the past 6 years; and
  • A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in a Chapter 13 case filed within the past 2 years.

Note:  The time period is measured from the filing date, not the date of discharge.


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