Is It Possible to File Chapter 13 After Filing Chapter 7?
If you’ve recently filed for Chapter 7 bankruptcy (which liquidates assets to discharge unsecured debts) and received a discharge, you might find yourself wondering whether filing for Chapter 13 (which involves a repayment plan) is a possibility if your financial struggles aren’t completely behind you.
In some cases, Chapter 7 bankruptcy may not be enough to address all your debts, and you might need to explore other options to regain control of your finances.
So, can you file Chapter 13 after Chapter 7 as per bankruptcy law in the US? The short answer is yes, but there are important rules and waiting periods to understand before moving forward.
In 2023, there were 182,630 Chapter 13 bankruptcy filings by debtors in the United States. [1]
Eligibility for Filing Chapter 13 After Chapter 7
Filing for Chapter 13 bankruptcy after Chapter 7 is possible, but there are specific eligibility requirements and timing rules that you must meet. Here’s a breakdown of what you need to know:
Mandatory Waiting Period
The primary rule is the waiting period between filing for Chapter 7 and Chapter 13 bankruptcy. You must wait at least 4 years after receiving a Chapter 7 discharge before you can file for Chapter 13.
Alternatively, if you previously filed for Chapter 13 and are now considering Chapter 7, you typically must wait six years before you can file for a new bankruptcy case
This waiting period prevents individuals from using Chapter 7 to quickly eliminate their debts, only to reorganize their remaining debts under Chapter 13 shortly after. It ensures that bankruptcy is not being abused to avoid paying certain creditors repeatedly.

Exceptions to the Waiting Period
While the standard waiting period is 4 years, there are some situations where the waiting period can be reduced or waived:
- Dismissal of Chapter 7 Case: If your Chapter 7 case was dismissed rather than discharged, the waiting period may be shortened, depending on the reason for the dismissal. For example, if your Chapter 7 was dismissed for technical reasons (like failure to file required documents), the waiting period for Chapter 13 might be shorter than the standard 4 years.
- Previous Chapter 13 Filing: If you previously filed for Chapter 13 bankruptcy and completed a repayment plan, you might be able to file a new Chapter 13 case after just 2 years instead of waiting the full 4 years after a Chapter 7 discharge. This is a less common exception but worth considering if you have experience with a Chapter 13 case.
Good Faith Filing
When filing for Chapter 13 after Chapter 7, you must demonstrate that your filing is made in good faith and not for the sole purpose of evading debt repayment. If the court believes you are abusing the bankruptcy system, they can dismiss your case.
Discharge Impact
If you were granted a Chapter 7 discharge, any debts discharged in that case generally cannot be included in your Chapter 13 repayment plan. However, Chapter 13 can help with debts that weren’t discharged in Chapter 7 (like certain taxes, child support, or alimony), and it can also assist in catching up on mortgage arrears or car payments.
Filing Chapter 13 after Chapter 7 is an option, but it comes with timing rules, eligibility criteria, and some important exceptions.
The 4-year waiting period is the key rule to be aware of, but if you’re dealing with debts that weren’t eliminated in Chapter 7 or have missed mortgage payments, Chapter 13 could provide the financial relief you need.

Benefits of Filing Chapter 13 After Chapter 7
Filing Chapter 13 after Chapter 7 offers advantages like:
- Debt Restructuring: Chapter 13 allows you to reorganize and repay unsecured debts (like credit cards and medical bills) and catch up on missed mortgage or car payments.
- Asset Protection: Unlike Chapter 7, Chapter 13 lets you keep your assets (such as a home or car) that might otherwise be liquidated.
- Extended Repayment Time: You get 3 to 5 years to pay off debts, making monthly payments more manageable.
- Improved Credit: As you make regular payments under the Chapter 13 plan, it can help rebuild your credit over time.
- Automatic Stay: A Chapter 13 bankruptcy triggers an automatic stay, stopping foreclosure, garnishments, and collection actions immediately.

Consequences of Filing Chapter 13 After Chapter 7
While Chapter 13 can provide significant relief, it also comes with challenges, such as long repayment periods, ongoing financial monitoring, and potential impacts on your credit. Here’s what you need to consider before moving forward.
- Long Repayment Period: Chapter 13 plans last 3 to 5 years, requiring consistent monthly payments, which can be a financial strain.
- Ongoing Financial Monitoring: You’ll be under strict supervision, with regular updates to the court and trustee about your finances.
- Credit Impact: While less severe than Chapter 7, a Chapter 13 filing will still stay on your credit report for 7 years.
- Dismissal Risk: If you fail to make the required payments, your case may be dismissed, and you may lose the protection of bankruptcy.
- Eligibility Requirements: You must meet income and debt thresholds, or you may not qualify for Chapter 13.

Challenges and Considerations
Filing Chapter 13 after Chapter 7 can be helpful, but there are several key challenges to consider:
New Debt During or After Chapter 7
- Managing New Debt: If new debt has accumulated after your Chapter 7 discharge, Chapter 13 can help reorganize and repay it. However, debt incurred after the Chapter 13 filing is typically excluded from the repayment plan.
Eligibility Requirements
- Income and Debt Limits:
Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual’s combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. § 109(e). [2]
- Good Faith Filing:The court must see that your filing is made in good faith and that the repayment plan is reasonable.
Financial Discipline
- Staying on Track: Chapter 13 requires consistent payments over 3 to 5 years. Missing payments or failing to stick to the plan can lead to case dismissal, so financial discipline and communication with your trustee are critical.
Credit Score Impact
Both Chapter 7 and Chapter 13 will initially lower your credit score. Chapter 7 tends to have a larger short-term impact, but both will stay on your credit report—Chapter 7 for 10 years and Chapter 13 for 7 years.
Rebuilding Credit
- Timeline: Credit recovery can begin within 1-2 years after completing Chapter 13, especially with consistent on-time payments and responsible credit use.
- Improvement Strategies:
- Make on-time payments under Chapter 13.
- Use secured credit cards or small credit accounts to rebuild your credit.
- Monitor your credit report regularly for accuracy.

Filing Chapter 13 after Chapter 7 can help manage debt and protect assets, but requires meeting eligibility criteria and financial discipline. While bankruptcy impacts your credit, rebuilding is achievable with patience and smart financial habits.
Contact Richard West today for a free consultation to start rebuilding your financial future.
Sources:
[1] Statista. (n.d.). Statista – The Statistics Portal. https://www.statista.com/
[2] Chapter 13 – Bankruptcy Basics. (n.d.-b). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics