For Chapter 13 cases, section 1328(f) of the Code provides: (f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge – (1) in a case filed under chapter 7, 11 or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter, or (2) in a case filed under chapter 13 of this title during the 2-year period preceding the date of such order.23 Therefore, if the debtor obtained a discharge in the previous case, and if the debtor is now filing a case under Chapter 7 or 13, there may (or may not) be a required time gap between filing the previous case and eligibility to obtain another discharge in the new case. There is no waiting period for a new case filed under any chapter other than 7 or 13. If the debtor did not obtain a discharge in the earlier case, these waiting periods do not apply.
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Waiting Periods to Refile
Part 2 of 2