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How Long Do You Have to Wait to File Bankruptcy Again?
Understanding How Long Do You Have to Wait to File Bankruptcy Again If you’ve filed for bankruptcy before, you may
September 24, 2025
How Long Do You Have to Wait to File Bankruptcy Again?
Understanding How Long Do You Have to Wait to File Bankruptcy Again
If you’ve filed for bankruptcy before, you may be wondering how long do you have to wait to file bankruptcy again. Whether you are considering filing again or are facing new debt challenges, the rules depend on what type of bankruptcy you previously filed, and which one you plan to file next.
Let’s break down the timelines for filing bankruptcy again, based on both Chapter 7 and Chapter 13 cases.
Timelines Between Bankruptcy Filings
When it comes to how long do you have to wait to file bankruptcy again, it all hinges on your previous case and the type of new bankruptcy you intend to file. Here’s what you need to know:
If You Previously Filed Chapter 7
- Filing Chapter 7 again: You must wait 8 years from the date you filed the first Chapter 7 case before filing another Chapter 7.
- Filing Chapter 13 after Chapter 7: You can file 4 years after the filing date of your Chapter 7 case.
If You Previously Filed Chapter 13
- Filing Chapter 13 again: You must wait 2 years between Chapter 13 filings to receive a discharge.
- Filing Chapter 7 after Chapter 13: You must wait 6 years from your Chapter 13 filing date, unless you paid your debts in full or at least 70% in good faith—then you may file sooner.
These rules apply only if you received a discharge in your previous case. If your bankruptcy was dismissed without discharge, different timing rules may apply.
What If Your First Bankruptcy Was Dismissed?
A common question tied to how long do you have to wait to file bankruptcy again is: what if your first case was dismissed?
When You Can Refile After Dismissal
- If your case was dismissed with prejudice (due to fraud or non-compliance), you may have to wait 180 days or more before filing again.
- If dismissed without prejudice, you may be able to refile immediately, though a short waiting period still might apply, depending on court orders.
It’s important to speak with a bankruptcy attorney to understand the specifics of your prior case and the timing you must follow.
Why Timing Matters in Bankruptcy
Knowing how long do you have to wait to file bankruptcy again is crucial because filing too soon can result in your case being dismissed—or worse, being denied a discharge. Without discharge, you remain legally responsible for your debts, and the bankruptcy may not provide the intended relief.
Additionally, filing multiple bankruptcies too close together can limit the automatic stay, the legal protection that may pause collections, garnishments, and foreclosures. In some cases, the stay might only last 30 days, or not apply at all.
How Long Do You Have to Wait to File Bankruptcy Again and Why It Matters
Knowing how long do you have to wait to file bankruptcy again is important for understanding your legal rights and financial options. Filing too early can result in denial of discharge or loss of automatic stay protections. By understanding the timelines between filings, you can make informed decisions and help you evaluate whether a future bankruptcy filing may address your financial situation.
Get a Free Bankruptcy Evaluation from Bankruptcy Attorneys
Still asking yourself how long do you have to wait to file bankruptcy again? The team at Bankruptcy Attorneys is here to help. Our legal network can assess your past filings and help you understand current options and relevant deadlines. Get a free evaluation today and take the next step toward understanding your available bankruptcy options, with professional support.
Frequently Asked Questions (FAQs)
1. Can I file for bankruptcy twice in one year?
Yes, but you won’t receive a discharge in both cases. You’ll also likely lose the protection of the automatic stay.
2. Is there a lifetime limit on how many times I can file bankruptcy?
No, but you must meet the waiting period requirements and court standards each time.
3. Does the waiting period start from filing or discharge date?
The waiting period typically starts from the filing date, not the discharge date.
4. What happens if I file too soon?
If you file too soon, the court may dismiss your case, or you may be ineligible for discharge, defeating the purpose of filing.
5. Can I file Chapter 13 right after a Chapter 7?
Yes, you can file Chapter 13 four years after your Chapter 7 filing date and may be eligible for a payment plan even without a discharge.
Key Takeaways
- Depending on the chapters involved, you must wait 2–8 years between bankruptcy filings.
- Waiting periods start from the filing date, not the discharge date.
- If your case was dismissed, the waiting period may be shorter or longer if there was misconduct.
- Filing too soon can lead to case dismissal or discharge denial.
- A bankruptcy lawyer can guide you based on your past case and current goals.
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