| Prior | New | Wait | Statute |
|---|---|---|---|
| Ch. 7 | Ch. 7 | 8 years | 727(a)(8) |
| Ch. 7 | Ch. 13 | 4 years | 1328(f)(1) |
| Ch. 13 | Ch. 7 | 6 years* | 727(a)(9) |
| Ch. 13 | Ch. 13 | 2 years | 1328(f)(2) |
*Waived if prior Ch. 13 paid 100% unsecured or 70% in good-faith plan.
Cannot file if dismissed within 180 days for abuse or voluntary dismissal after stay relief motion.
Given the W.D. Tex. 62.6% Chapter 13 dismissal rate, many San Antonio filers face these restrictions.
Failing the means test, prior Ch. 7 discharge within 8 years, prior Ch. 13 within 6 years, dismissal for abuse within 180 days, or no credit counseling.
No regular income, debts over $2,750,000, not an individual, or no credit counseling.
Yes, with restrictions. The 180-day bar and automatic stay limitations apply.
For discharge: 8 yr Ch.7-to-7, 4 yr Ch.7-to-13, 6 yr Ch.13-to-7, 2 yr Ch.13-to-13.