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How Often Can You File Chapter 13 Bankruptcy?
Filing Frequency Rules: How Often Can You File Chapter 13 Bankruptcy Understanding how often can you file chapter 13 bankruptcy
November 13, 2025
How Often Can You File Chapter 13 Bankruptcy?
Filing Frequency Rules: How Often Can You File Chapter 13 Bankruptcy
Understanding how often can you file chapter 13 bankruptcy requires knowledge of federal waiting periods and discharge restrictions established by the Bankruptcy Abuse Prevention and Consumer Protection Act. Generally, Chapter 13 bankruptcy may be filed more than once, but the availability of a discharge is subject to specific time limitations under federal law. The frequency depends on your previous bankruptcy type, discharge dates, and completion status of prior cases.
Publicly available data indicates that some Chapter 13 cases involve individuals who have filed bankruptcy previously.
Discharge Waiting Periods: How Often Can You File Chapter 13 Bankruptcy
Federal law establishes specific waiting periods between bankruptcy discharges when determining eligibility for a subsequent Chapter 13 discharge. Federal law establishes waiting periods between certain bankruptcy discharges when evaluating eligibility for a subsequent Chapter 13 discharge. In many situations, a Chapter 7 discharge may affect the timing for a later Chapter 13 discharge, and repeat Chapter 13 discharges may also be subject to additional timing restrictions under federal law.
However, exceptions exist for the 6-year rule between Chapter 13 cases. In some situations, federal law provides exceptions that may allow a subsequent Chapter 13 discharge earlier than the standard waiting period, depending on what occurred in the prior case.
For example, in certain situations where a prior Chapter 13 case met statutory repayment requirements, a subsequent filing may be eligible for discharge before the full waiting period has passed.
Previous Chapter 7 Impact
When considering how often you can file Chapter 13 bankruptcy after Chapter 7, the 4-year waiting period begins from your Chapter 7 discharge date, not the filing date. The relevant waiting period is generally calculated from the Chapter 7 discharge date rather than the filing date.
The Administrative Office of the U.S. Courts tracks these waiting periods through the federal court system’s electronic filing database, which may affect eligibility timing in subsequent cases.
Multiple Chapter 13 Filings
The 6-year waiting period between Chapter 13 discharges affects how often you file a Chapter 13 bankruptcy with eligibility for a subsequent discharge. This period begins from the filing date of your first Chapter 13 case, not the discharge date, and the timing rules may differ depending on prior case history.
Timing considerations may affect whether and when a subsequent Chapter 13 filing is eligible for a discharge, depending on the prior case history.
Dismissed Case Refiling: How Often Can You File Chapter 13 Bankruptcy
Cases dismissed without discharge create different rules for how often you can file chapter 13 bankruptcy. In some situations, a new case may be filed after a dismissal, although courts may impose restrictions depending on prior filings and the reasons for dismissal.
Automatic stay protections may be limited in certain repeat-filing situations, and court approval may be required to extend or reimpose those protections depending on the filing history.
Good Faith Requirements
Courts may evaluate repeat filings for good faith, including factors such as repayment feasibility, changed circumstances, and the purpose of the filing. Factors include whether you can realistically complete your repayment plan, whether circumstances have changed since your previous case, and whether you’re filing primarily to delay creditors.
The Department of Justice guidelines require bankruptcy trustees to examine repeat filers’ ability to complete proposed repayment plans and may raise concerns in cases where the court determines the filing is not made in good faith.
Court-Imposed Restrictions
Some courts impose filing restrictions on repeat debtors where the court identifies a pattern of filings that raises abuse concerns. These restrictions can include waiting periods before refilling, requirements for attorney certification of good faith, or mandatory pre-filing credit counseling beyond standard requirements.
Strategic Refiling Considerations: How Often Can You File Chapter 13 Bankruptcy
Timing and case strategy considerations may affect how a repeat filing is treated and whether a discharge is available, depending on the individual’s circumstances and bankruptcy history.
Some individuals also evaluate whether Chapter 7 or Chapter 13 may be more appropriate based on eligibility requirements and financial circumstances. The shorter Chapter 7 process and different waiting periods might offer advantages over repeat Chapter 13 filing in specific circumstances.
Changed Circumstances Evaluation
Courts may consider whether circumstances have changed since a prior case when evaluating repeat filings. Job loss, medical emergencies, divorce, or other significant life events support good-faith refiling arguments.
Documenting changed circumstances may help explain the reasons for a repeat filing.
Multiple Filing Summary: How Often Can You File Chapter 13 Bankruptcy
The answer to how often can you file chapter 13 bankruptcy depends on your specific situation, previous bankruptcy history, and discharge goals. While you can file multiple times, discharge benefits have waiting period restrictions designed to prevent abuse while helping legitimate debtors achieve financial rehabilitation.
Understanding these rules helps you understand how timing and prior case history may affect eligibility and court review of a subsequent filing.
Get Expert Guidance: How Often Can You File Chapter 13 Bankruptcy
If you have questions about how prior bankruptcy filings may affect a new Chapter 13 case, you may wish to speak with a licensed attorney to discuss your situation and available options.
Frequently Asked Questions
1. Can I file Chapter 13 immediately after my case was dismissed?
Yes, you can typically refile immediately after dismissal, but the automatic stay may be limited to 30 days if you had a case dismissed within the previous year.
2. How long must I wait between Chapter 13 discharges?
You must wait 6 years between Chapter 13 discharges, unless you paid at least 70% of unsecured claims in your previous case.
3. What if I completed Chapter 7 before filing Chapter 13?
You must wait 4 years from your Chapter 7 discharge date before filing Chapter 13 and receiving discharge relief.
4. Can courts prevent me from filing multiple Chapter 13 cases?
Courts can impose restrictions on repeat filers who demonstrate bad faith or pattern abuse of the bankruptcy system.
5. Do I need different reasons for refiling Chapter 13?
Courts prefer to see changed circumstances or good faith reasons for refiling rather than attempts to delay creditors through repeated filings.
Key Takeaways
- You can file Chapter 13 multiple times, but discharge benefits have waiting periods of 4 years after Chapter 7 or 6 years after previous Chapter 13
- Dismissed cases allow immediate refiling, but automatic stay protection may be limited with multiple dismissals within one year
- Courts scrutinize repeat filings for good faith and may impose restrictions on pattern abuse filers
- Strategic timing and changed circumstances support legitimate refiling arguments for additional debt relief
- Professional legal guidance helps navigate complex refiling rules and optimize timing for maximum bankruptcy benefits
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