Changed Circumstances
Life does not stop after a bankruptcy discharge. Legitimate reasons to refile include:
- New debts - Medical bills, job loss, business failure after prior discharge
- Income changes - Reduced income may now qualify you for Chapter 7 when you previously had to file Chapter 13
- Divorce - Separation of finances may create new debt obligations
- Foreclosure or repossession threat - Need the automatic stay to protect property
- Lawsuit or judgment - New creditor actions require protection
Chapter Switching Strategy
Chapter 13 After Chapter 7
Common when the debtor needs to address secured debts (mortgages, car loans) that survived the Chapter 7 discharge. Chapter 13 can cure mortgage arrears, restructure car loans through cramdown, and address tax debts through the plan.
Chapter 7 After Chapter 13 Dismissal
If your Chapter 13 plan failed, Chapter 7 may provide faster relief - if you qualify under the means test. No discharge bar applies because the prior case was dismissed, not discharged.
Key advantage: If your prior case was dismissed (not discharged), there is no discharge bar for the new case. You can receive a discharge immediately.
Conversion vs. Dismissal and Refiling
If you are currently in a bankruptcy case, converting to a different chapter is often better than dismissing and refiling:
| Option | Pros | Cons |
|---|---|---|
| Convert (e.g., Ch.13 to Ch.7) | No stay limits, preserves filing date, no gap in protection | May not qualify for conversion, means test applies |
| Dismiss and refile | Clean slate, choose any chapter | Stay may be limited (362(c)(3)/(c)(4)), gap in protection |
Timing Your Refiling
Strategic timing considerations:
- Wait for the discharge bar to expire if you need a discharge (not just the automatic stay)
- Wait 1+ years after dismissal to avoid stay limits under 362(c)(3)/(c)(4)
- Wait for domicile requirements if you recently moved and want to use your new state's exemptions
- File before foreclosure sale if you need the stay to save your home
- File before garnishment starts if a judgment has been entered but garnishment has not begun
Use the screener: 1328f.com discharge screener | Filing calculator
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