(3) refiling after receiving a Chapter 13 discharge.
Resubmitting a Claim After It Was Dismissed
The first circumstance occurs if you previously filed for chapter 7 or chapter 13 bankruptcy and your case was dismissed without a debt discharge. In this situation, you can promptly refile a bankruptcy petition. However, you must be aware that the automatic stay is only in effect for 30 days if you refile within 12 months of your case being dismissed. Your attorney must therefore file a motion with the court to extend the automatic stay if you refile within 12 months of the dismissal of your previous case.
If you have had two or more bankruptcies dismissed within the previous twelve months, the automatic hold will not take effect. However, your attorney can again file a petition with the court to reinstate the automatic stay. If your previous chapter 7 case was dismissed because you willfully disobeyed a court order or failed to properly prosecute the case, you may be prohibited from submitting a new bankruptcy petition for 180 days following the dismissal of your previous case.
Re-Filing After Receiving a Chapter 7 Discharge Previously
The second condition applies if you have previously filed a chapter 7 bankruptcy that was not dismissed and resulted in a debt discharge. In this situation, you are eligible to file for chapter 7 bankruptcy again eight years after your previous chapter 7 bankruptcy filing. Alternatively, you may file for chapter 13 bankruptcy six years after the filing date of your previous chapter 7 petition, which resulted in the discharge of your debts.
Reapplication After Receiving a Chapter 13 Discharge
If you previously filed a chapter 13 bankruptcy that was not dismissed and resulted in a discharge of your debts, the third circumstance applies. In this situation, you are eligible to file for chapter 7 bankruptcy four years after the filing date of your previous bankruptcy petition. You may apply for chapter thirteen bankruptcy again two years after the discharge of your previous chapter thirteen bankruptcy petition.""
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