There is no waiting period in order to file a subsequent bankruptcy case. You can file a Chapter 13 bankruptcy immediately after a Chapter 7 bankruptcy. However, there is a waiting period in order to be eligible for a subsequent bankruptcy discharge. If you previously filed Chapter 7 bankruptcy and received a Chapter 7 discharge, then you will not be eligible to receive a Chapter 13 discharge if you file your Chapter 13 case before four years have elapsed from the date you filed your previous Chapter 7 case. Sometimes it makes sense for a person to file bankruptcy even when he or she is not eligible for a bankruptcy discharge. However, for the vast majority of people, the main reason they file bankruptcy is to receive a discharge of debts and it would not be in their best interest to file bankruptcy before they were eligible to receive a discharge.

Dan Nunley

In Oklahoma, as long as you file a Chapter 13 bankruptcy before the hearing confirming the foreclosure sale, the sale is void and will be vacated and you will have the opportunity to cure the mortgage delinquency through the Chapter 13 plan.

Dan Nunley

When you file any type of bankruptcy, you must disclose all of your debts no matter how small and no matter to whom they are owed. It’s all or nothing. So yes, your house and car loans would have to be included.

Here’s a recent blog post that I wrote on this very issue.

Dan Nunley

Thank your for your comment. I have called you directly to discuss your situation.