It depends on
- what chapter you want to file now
- what chapter you filed before
- whether you received a discharge in the
You can only get a Chapter 7 discharge if a
previous Chapter 7 case was filed more than 6 years ago.
If you got a Chapter 13 discharge within 6
years, the Chapter 13 plan has to meet certain repayment
requirements to permit a Chapter 7 case within 6 years.
If your previous case was dismissed before
discharge, it does not count in these considerations.
You can file a Chapter 13 case after a Chapter
7 without any statutory time restrictions. Some courts,
however, question the debtor's good faith, a necessary element
to confirm a Chapter 13 plan, if they have recently filed
Chapter 7 and received a discharge.
You can freely convert a pending case from one
chapter to another. It is the same case, even though the
chapter is different, so these time considerations don't apply.
Generally, you can only convert a Chapter 7 to Chapter 13 before
the discharge is entered.