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How Often Can You File Bankruptcy? Understanding the Limits and Rules
How Often Can You File Bankruptcy and What You Should Know How often can you file bankruptcy is a question
May 28, 2025
How Often Can You File Bankruptcy? Understanding the Limits and Rules
How Often Can You File Bankruptcy and What You Should Know
How often can you file bankruptcy is a question many people ask when facing debt for the second time. While there’s no legal limit to the number of times you can file, there are strict rules about when you can file again and what kind of bankruptcy you can pursue.
Understanding these timelines is critical if you’re considering filing again. Let’s break down the rules by bankruptcy chapter, explain how the waiting periods work, and review your options if you’re not eligible yet.
Filing Limits Based on Bankruptcy Type
The answer to how often you can file bankruptcy depends on the type of bankruptcy you previously filed and what you’re trying to file now.
Chapter 7 to Chapter 7
If you filed a Chapter 7 bankruptcy and received a discharge, you must wait 8 years from the date of your previous filing before you can file another Chapter 7 and receive a new discharge.
Chapter 13 to Chapter 13
If you filed Chapter 13 previously, you must wait 2 years from the filing date of your last case before filing another Chapter 13 and receiving a discharge.
Chapter 7 to Chapter 13
This is sometimes called a “Chapter 20.” You must wait 4 years after filing a Chapter 7 before you can file a Chapter 13 if you want a discharge. However, you can file sooner to catch up on missed payments (but won’t receive a discharge of debts).
Chapter 13 to Chapter 7
You’ll need to wait 6 years from the filing date of your Chapter 13 to file for Chapter 7—unless you paid back 70% or more of your unsecured debts in good faith. If so, the waiting period may be waived.
Important Exceptions and Strategic Considerations
While the waiting periods above apply to receiving a discharge, you can technically file bankruptcy again sooner—you just won’t get your debts erased.
Here are a few key points to keep in mind:
- If your previous case was dismissed without a discharge, you may be able to file again right away.
- If your case was dismissed with prejudice (usually for fraud or court violations), you may have to wait 180 days or more before filing again.
- Filing without waiting the required time means your case might not result in a discharge, even if accepted by the court.
Why Someone Might File Without Discharge
Some people file a Chapter 13 after a recent Chapter 7 to:
- Stop foreclosure or repossession
- Catch up on mortgage or auto loan payments
- Get relief from aggressive creditors
This can be a smart strategy in the right circumstances, even if no debts are discharged.
When Should You Consider Filing Again?
You should consider filing again if:
- You’re overwhelmed with new debt since your last filing
- You’re facing lawsuits, garnishments, or foreclosure
- You didn’t receive a discharge in your previous case
That said, filing bankruptcy multiple times can impact your credit, limit options, and raise questions in court. It’s best to speak with a qualified bankruptcy attorney to evaluate your unique situation.
How Often Can You File Bankruptcy and Still Get Relief?
Bankruptcy is a legal right, and many people file more than once. Still, the courts discourage abuse of the system. That’s why timing matters—filing too early can lead to a denial of discharge, while filing too late may prolong your financial stress.
Get Help with Bankruptcy Filing Today
If you’re wondering how often can you file bankruptcy, don’t make the decision alone. Bankruptcy laws are complex, and one mistake could delay your financial recovery.
Bankruptcy Attorney connects people like you with experienced bankruptcy attorneys who can guide you through the rules and help you plan your next move. Reach out today for a free consultation.
Frequently Asked Questions (FAQs)
1. Can you file bankruptcy more than once?
Yes, there’s no limit to how many times you can file, but waiting periods apply for discharge eligibility.
2. What happens if I file too soon?
You may not be eligible for a discharge, which means your debts won’t be wiped out, even if the case is accepted.
3. Does filing bankruptcy again hurt my credit more?
Multiple filings can hurt your credit longer, but for many people, it’s already damaged. The relief from debt often outweighs the short-term credit hit.
4. Can I file Chapter 13 right after Chapter 7?
Yes, you can file Chapter 13 right after Chapter 7 to stop foreclosure or catch up on debts, though you won’t receive another discharge.
5. Is there help available to decide when to file again?
Yes. A bankruptcy attorney can help you determine eligibility and build a strategy for maximum relief.
Key Takeaways
- How often can you file bankruptcy depends on the chapters and the time since your last filing.
- Chapter 7 to Chapter 7 requires an 8-year wait, while Chapter 13 to Chapter 13 only requires 2 years.
- Strategic back-to-back filings may offer relief, even without a discharge.
- Filing too early may result in no debt discharge, limiting your financial benefits.
- Speaking with a bankruptcy attorney is the best way to navigate multiple filings safely.
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