How soon can I file for Chapter 7 Bankruptcy again after a previous filing?

In Idaho, the amount of time that must pass before a person can apply for Chapter 7 bankruptcy again depends on the type of bankruptcy they previously filed for. If an individual previously filed for a Chapter 7 bankruptcy that was discharged, then they can file for Chapter 7 again after 8 years have passed since the date of discharge. If the person previously filed for a Chapter 7 bankruptcy that was dismissed, then they must wait 4 years from the date of dismissal before filing again. If a person has already filed for a Chapter 13 bankruptcy, then they must wait 6 years from the date of discharge before filing for Chapter 7 bankruptcy again. It is important to note that if an individual files for Chapter 13 bankruptcy and it is dismissed, then the same waiting period still applies for the individual to file for Chapter 7 bankruptcy. It is also important to note that if an individual fails to complete the repayment plan associated with a Chapter 13 bankruptcy, or if they fail to make payments for more than three years, then they will not be eligible to file for Chapter 7 until the waiting period has passed. Finally, it is crucial for individuals to know that there is no guarantee that a court will allow them to file for Chapter 7 bankruptcy if they have previously filed. Each case is reviewed on a case-by-case basis and a court can deny a filing for any reason, including if they believe the filing is an abuse of the bankruptcy system.

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