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Why file a bankruptcy if I am not eligible for a discharge?
There are time limits between bankruptcy filings as to when you are eligible to receive a discharge. These time limits depend on which chapter of bankruptcy you previously filed and which chapter of bankruptcy you are attempting to file now. The time limits look not at the discharge dates but at the date the cases were filed.
The time limits are as follows:
Prior Bankruptcy New Bankruptcy Waiting Period
Chapter 7 Chapter 7 8 years from the filing date of the prior bankruptcy
Chapter 13 Chapter 7 6 years from the filing date of the prior bankruptcy
Chapter 7 Chapter 13 4 years from the filing date of the prior bankruptcy
Chapter 13 Chapter 13 2 years from the filing date of the prior bankruptcy
You look at the chart and you realize you cannot file for another few months or even few years depending on what chapter of bankruptcy you want to file. Nothing you can do right? Not necessarily. The time limits prevent you from receiving a discharge but they do not necessarily prevent you from filing a bankruptcy. Depending on your reasons for filing, the length of time until a discharge can be received, and the chapter of bankruptcy you want to file, you may be able to file a Chapter 13, even without a discharge to postpone a garnishment, foreclosure or other type of collection.
For example, a client comes in a just received a discharge through a Chapter 7 one year prior. However, now they are behind on mortgage payments for a house that they want to keep and have a pending foreclosure. Out of luck? Definitely not! A Chapter 13 plan can be proposed to pay the back payments on the house over 48 months. At the end of the 48 months as long as all post-petition mortgage payments are made as well, the client is not caught up on their house. Mission accomplished and no discharge needed.
Depending on what debts you have and your income a Chapter 13 with a discharge can provide many of the same benefits of a Chapter 7 without the longer waiting period so if you are eligible for a discharge through a Chapter 13, but not a Chapter 7, do not automatically eliminate the possibility of bankruptcy being a viable option for you.
For information on your specific situation, call us to schedule a free consultation. An attorney from our office will provide you with the information that you need to make an informed decision.
St. Charles Office
1861 Sherman Drive
St Charles, MO 63303
Phone: 636-916-5400
At Hwy 94 and Hwy 70.
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St. Louis Office
3470 Hampton Ave, Suite 101
St. Louis, MO 63109
Phone: 314-353-0834
Close to the corner of Hampton Ave and Chippewa. By appointment only.
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South & Jefferson County office
7321 S. Lindbergh Ave., Suite 222
St. Louis, MO 63125
Phone: 636-916-5400
Across the South County Mall.
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Florissant Office (North County)
1281 Graham Rd, Suite 300
Florissant, MO 63031
Phone: 314-921-1880
At North Hanley and Hwy 270.
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Belleville Office (St. Clair county)
2 Park Place Professional Centre
Belleville, Illinois 62226
Phone: 618-977-9560
On Hwy 159, next to Schnucks.
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Granite City Office (Madison County)
3600 Nameoki Rd, Suite 201
Granite City, IL 62040
Phone: 618-977-9560
Across Shop'n Save, by appointment only.
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