bankruptcy terms
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
September 5, 2025
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 prohibit multiple filings, but it limits how frequently a discharge may be available.
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 before applicable waiting periods expire, you may be able to proceed with a case, but a discharge may not be available.
Here are the general rules:
Chapter 7 After Chapter 7
- An 8-year period is required between Chapter 7 filings to be eligible for another discharge.
Chapter 13 After Chapter 13
- A minimum 2-year period generally applies between Chapter 13 filings to qualify for a discharge.
Chapter 7 After Chapter 13
- If you received a discharge in Chapter 13, a 6-year waiting period generally applies before a Chapter 7 discharge may be available following a Chapter 13 case.
- 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
- A 4-year period typically applies before a Chapter 13 discharge may be available following a Chapter 7 case.
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 is sometimes used to address secured debts after unsecured obligations have been handled, depending on the circumstances.
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 not receive a discharge at the conclusion of the case
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 understanding how timing may affect available relief. With the right guidance, you can avoid delays, protect your assets, and better understand available options—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 discuss filing timelines and whether a discharge may be available under Chapter 7 or Chapter 13.
Frequently Asked Questions (FAQs)
1. Can I file bankruptcy twice?
Yes, but the waiting period between filings depends on the chapters filed and whether you received a discharge.
2. What if I need to file before the waiting period ends?
You can still file, but you may not receive a discharge. This may still stop garnishments or foreclosures.
3. Can I file Chapter 13 after Chapter 7 immediately?
Yes, you can file right away. However, to get a discharge, you must wait 4 years from the original Chapter 7 filing date.
4. Can I file Chapter 7 again after 8 years?
Yes. If it’s been 8 years since your last Chapter 7 filing, you are eligible to file again and receive a discharge.
5. How do I know if I qualify for another 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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