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Chapter 7 Bankruptcy

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How Often Can I File Bankruptcy?

How Often Can I File Bankruptcy According to the Law?

How often can I file bankruptcy? This is a crucial question for anyone who has previously filed and is now facing new financial struggles. The U.S. Bankruptcy Code does not prevent you from filing again, but it does limit how frequently you can receive a discharge of your debts.

In this article, we’ll explain the rules for repeat bankruptcy filings, the waiting periods between discharges, and what options you have if you need help again.

Time Limits Between Bankruptcy Filings

The biggest factor when asking how often can I file bankruptcy is whether you’re seeking another discharge—the court’s order that erases your debts. If you file too soon, you can still go through the process, but you may not receive that crucial discharge.

Here are the general rules:

Chapter 7 After Chapter 7

  • You must wait 8 years from the date you filed your first Chapter 7 before filing another Chapter 7 and receiving a discharge.

Chapter 13 After Chapter 13

  • You must wait 2 years between Chapter 13 filings to be eligible for another discharge.

Chapter 7 After Chapter 13

  • If you received a discharge in Chapter 13, you must wait 6 years to file for Chapter 7 and get another discharge.
  • This 6-year rule can be waived if you paid at least 70% of your unsecured debts in full under the Chapter 13 plan.

Chapter 13 After Chapter 7

  • You must wait 4 years after a Chapter 7 filing to file for Chapter 13 and be eligible for a discharge.

Filing Without Discharge: Strategic Moves

How often can I file bankruptcy if I’m not seeking a discharge? Surprisingly, you may file again without waiting if you’re using bankruptcy for other protections.

For example, you may:

  • File Chapter 13 after Chapter 7 sooner to stop foreclosure or wage garnishment
  • File without discharge to get extra time to repay missed mortgage payments
  • Use bankruptcy for the automatic stay, even if debts aren’t erased

This is sometimes referred to as a “Chapter 20” strategy (Chapter 7 + Chapter 13). It can be helpful for reorganizing secured debts after wiping out unsecured ones.

What Happens If You File Too Soon?

Filing before the waiting period ends means you may:

  • Go through the motions of bankruptcy
  • Pay fees and attend court hearings
  • But received no discharge at the end

This can leave you still responsible for old debts and without the full benefit of filing. If you’re unsure how often can I file bankruptcy in your situation, a legal evaluation can help determine if your case qualifies for discharge or strategic filing.

Know How Often You Can File Bankruptcy and Start Fresh

Understanding how often can I file bankruptcy is essential for timing your filing correctly and maximizing debt relief. With the right guidance, you can avoid delays, protect your assets, and take control of your finances—even after a previous case.

Get Help Understanding How Often You Can File Bankruptcy

If you’re wondering how often can I file bankruptcy, it’s important to get professional guidance based on your unique situation. At Bankruptcy Attorneys, we connect individuals with experienced legal professionals who can explain your eligibility, timelines, and filing options.

Contact us today for a free legal evaluation and find out how soon you can file—and whether you qualify for debt discharge under Chapter 7 or Chapter 13.

Frequently Asked Questions (FAQs)

Yes, but the waiting period between filings depends on the chapters filed and whether you received a discharge.

You can still file, but you may not receive a discharge. This may still stop garnishments or foreclosures.

Yes, you can file right away. However, to get a discharge, you must wait 4 years from the original Chapter 7 filing date.

Yes. If it’s been 8 years since your last Chapter 7 filing, you are eligible to file again and receive a discharge.

A bankruptcy attorney can review your prior case and dates to confirm your eligibility for discharge in a new filing.

Key Takeaways

  • There are waiting periods between bankruptcy filings if you’re seeking a discharge
  • You can file Chapter 7 again after 8 years and Chapter 13 after 2 years
  • Strategic filings without discharge can still offer legal protections
  • Filing too early can lead to denial of discharge
  • Free legal evaluations help clarify when and how you can file again

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