How Many Times Can You File Bankruptcy?
If you are asking how many times can you file bankruptcy, the short answer is that there is no simple lifetime limit. A person may file more than once, but the time between cases, the chapters involved, and what happened in the earlier case can affect whether a court can grant another discharge or whether collection activity is paused. Filing is not the same as receiving debt relief, so it helps to understand the rules before deciding what to do.
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Is there a lifetime limit on bankruptcy filings?
Federal bankruptcy law does not set a universal number of times a person may file during their life. A person might have one case, several cases, or no bankruptcy case at all. The more useful question is whether the person can obtain a discharge in a new case and whether the case can provide the protection they need.
A filing starts a bankruptcy case. A discharge is a court order that releases a person from personal liability for certain eligible debts. The right to file another case and the right to receive another discharge are different things. A person might be allowed to file but not yet qualify for a discharge under that chapter. The new case may also be dismissed if the person does not meet other legal requirements or follow court procedures.
The answer depends in part on the chapter of the earlier case and the chapter being considered now. Chapter 7 and Chapter 13 have different discharge waiting periods. For an overview of what bankruptcy does, see this plain-language guide to bankruptcy.
How long must you wait between bankruptcy discharges?
The waiting periods are commonly described as the time between cases, but the exact legal calculation generally uses the filing date of the earlier case, not the date the earlier discharge was entered. The periods below are general federal rules for a later discharge. Other eligibility requirements still apply, and exceptions can affect the result.
| Earlier case | Later case | General wait before a later discharge | Key point |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | Generally measured from the filing date of the earlier Chapter 7 case. |
| Chapter 7 | Chapter 13 | 4 years | The waiting rule concerns a Chapter 13 discharge; Chapter 13 has other requirements too. |
| Chapter 13 | Chapter 7 | 6 years | Exceptions may apply if the earlier Chapter 13 plan paid qualifying amounts to unsecured creditors. |
| Chapter 13 | Chapter 13 | 2 years | Generally measured from the filing date of the earlier Chapter 13 case. |
These are not permission slips or guarantees. They describe common discharge timing rules, not every factor a court considers. For instance, a person may need to show that a proposed Chapter 13 plan meets legal requirements and is feasible. A person considering Chapter 7 may need to meet the means test and other eligibility rules. Review the U.S. Courts website for official federal court information, and get advice about how the rules apply to your own history.
What if you want to file Chapter 7 again?
When both cases are Chapter 7, the usual rule is an eight-year period between the filing dates before a person can receive a second Chapter 7 discharge. For example, if the earlier Chapter 7 case was filed on March 10, 2019, a discharge in a new Chapter 7 case would generally require waiting until at least eight years after that filing date. The date of the earlier discharge does not restart the clock.
This example is only a way to understand the calculation. Do not rely on a rough calendar count to set a filing date. The actual docket, the chapter and outcome of the earlier case, and applicable law should be reviewed. If the earlier case did not result in a discharge, that fact may change which rules matter, but it does not automatically mean a person can receive a discharge in a new case.
Chapter 7 usually involves liquidation of nonexempt property, although exemptions and results depend on the facts and applicable law. Debts are not all treated alike, and some debts may not be discharged. Read more about the Chapter 7 process and eligibility before assuming a repeat filing would work the same way as the first case.
Can you file Chapter 13 after Chapter 7?
Generally, a person must wait four years from the filing date of a prior Chapter 7 case before receiving a discharge in a later Chapter 13 case. People sometimes call a Chapter 7 case followed by a Chapter 13 case a “Chapter 20” filing. That is an informal nickname, not a separate bankruptcy chapter or a guarantee of a particular result.
Some people consider Chapter 13 after Chapter 7 because a repayment plan may address debts or property concerns differently from Chapter 7. But the later case must still meet Chapter 13 requirements, including plan and payment obligations. A Chapter 13 case may be possible even when a discharge is not yet available, but the practical value and risks depend on the circumstances. The relationship between the cases can be complex, so a person should not assume that filing a plan will erase debts left after the earlier case.
For a separate explanation of how a repayment plan works, see the Chapter 13 bankruptcy guide. It can help to compare the plan’s duration and payment demands with the problem you are trying to solve.
Can you file Chapter 7 after Chapter 13?
Generally, a person who received a Chapter 13 discharge must wait six years from the filing date of that earlier case before receiving a Chapter 7 discharge. There are important exceptions. The six-year restriction may not apply if the earlier Chapter 13 plan paid all allowed unsecured claims in full, or if the plan paid at least 70 percent of those claims and the plan was proposed in good faith and represented the debtor’s best effort.
The exception depends on the record and legal standards, not just on a person’s memory of making payments. The plan, trustee records, discharge order, and case docket may be important. Also, a later Chapter 7 filing has its own eligibility requirements. A past Chapter 13 discharge does not itself prove that a person qualifies for Chapter 7 now.
Some people think of this as a way to address a financial change after completing a repayment plan. But a new case is not automatic, and a court will look at the facts. Before making a decision, gather the closing documents from the prior case and ask a qualified bankruptcy lawyer whether an exception or another option may apply.
Does a dismissed bankruptcy count?
A dismissed case is different from a completed case with a discharge. The discharge waiting periods above generally refer to prior cases in which a discharge was granted. Still, a dismissal can matter. A prior filing may affect the automatic stay in a later case, the court’s view of the circumstances, or the person’s ability to refile within a particular period.
Federal law also restricts certain refilings after dismissal. For example, a 180-day restriction can apply in specified situations, such as when a case was dismissed for willful failure to obey court orders or to appear, or when a person voluntarily dismissed a case after a creditor sought relief from the automatic stay. The details matter; not every dismissal triggers the same restriction.
Before another filing, find out whether the earlier case was dismissed with or without prejudice, why it was dismissed, whether a creditor filed a motion about the stay, and whether the court imposed conditions. The case docket and dismissal order are better guides than a general recollection. An explanation of what happens during a bankruptcy case can help you understand why the documents matter.
Will a new case automatically stop collection activity?
Filing a bankruptcy petition generally triggers an automatic stay, which can pause many collection actions. But the stay is not unlimited, and repeat filings can change how long it lasts. If a person had one bankruptcy case dismissed within the year before filing again, the stay may end after 30 days unless the court extends it. If two or more cases were dismissed within the preceding year, the stay may not take effect unless the court orders otherwise. There are statutory details and exceptions, so these summaries are not a substitute for checking the specific case history.
This is one reason a repeat filing should not be treated as a quick way to stop a lawsuit, foreclosure, repossession, or collection call. If a stay is limited or does not apply, the action may continue. The timing of a filing and a request to extend or impose the stay can be important. Speak with a bankruptcy attorney promptly if a court date, sale date, or other deadline is near.
Also, a bankruptcy filing does not necessarily resolve the underlying debt permanently. Whether a debt is discharged depends on the kind of debt, the case, and the law. Secured creditors may have rights in collateral, and certain obligations may be treated differently from ordinary unsecured debts. Do not assume that a prior or new filing removes every collection risk.
What should you check before filing again?
A careful review starts with the earlier case and the current financial problem. Gather records before choosing a chapter or making assumptions about the waiting period.
- Get the case history. Find the earlier petition date, chapter, discharge order or dismissal order, and any later court orders. If there was more than one case, make a timeline for each one.
- Identify the result you need. Are you seeking a discharge, time to catch up on secured payments, protection from a particular collection action, or a structured plan? Different goals can point to different questions.
- List all debts and assets. Separate secured debts from unsecured debts, and note any co-signers, liens, lawsuits, or property you want to keep. Accurate information helps a professional assess exemptions and plan feasibility.
- Check urgent deadlines. Note any hearing, lawsuit response, foreclosure, repossession, wage garnishment, or court order. A filing may not pause every action, especially after recent dismissed cases.
- Review income and expenses. A possible repayment plan must be considered against reliable income, essential costs, and other obligations. A payment that looks manageable on paper may not be sustainable month after month.
- Ask about discharge eligibility separately from filing eligibility. A person may be able to file a case but face a waiting period for another discharge. Ask which rule applies to the specific sequence of chapters and dates.
- Compare alternatives without assuming a result. Depending on the debts and circumstances, options might include negotiating with creditors, a debt management plan, settlement, or bankruptcy. Each has costs and risks. Learn about how bankruptcy and debt settlement differ before deciding what questions to ask.
People who own a home or are planning to buy one may have added concerns about secured property and monthly obligations. That does not make one approach right for everyone. This guide to debt-relief options for homeowners may help frame the questions, but a professional should review the property and debts in context.
How does repeat bankruptcy compare with other debt options?
There is no single best answer for everyone with serious debt. The right comparison depends on the amount and types of debt, income, assets, previous cases, and the urgency of collection activity. Bankruptcy is a legal process. Debt settlement and debt management are not bankruptcy, and they do not provide the same automatic court protections.
In debt settlement, a person or a provider may try to negotiate with creditors to accept less than the full balance on eligible debts. Creditors are not required to agree. Missed payments, collection activity, fees, tax consequences, and credit effects are among the issues to understand before considering it. A person should review any fees and program terms carefully and should not assume that an offer will stop a lawsuit or produce a particular savings amount.
Debt management generally involves a structured repayment arrangement, often through a credit counseling agency, and is different from settlement. A consolidation loan replaces or combines debts only if a borrower qualifies and accepts the terms. The payment, interest, fees, collateral, and total repayment cost all matter. Bankruptcy may offer legal protections, but repeat-filing restrictions and the effect on property or debts must be considered.
Use a side-by-side comparison as a starting point for questions, not as a prediction of your outcome:
| Option | What it may do | What to examine |
|---|---|---|
| Another bankruptcy case | May provide a discharge or repayment structure if legal requirements are met. | Prior case dates and chapters, discharge eligibility, stay limits, costs, assets, and court deadlines. |
| Debt settlement | May seek creditor agreement to resolve eligible unsecured debt for less than the full amount. | Creditor participation, fees, time, collection risk, tax issues, and ability to fund offers. |
| Debt management plan | May organize repayment through a plan and may seek more manageable terms. | Payment amount, duration, participating creditors, fees, and whether the plan fits the budget. |
| Consolidation loan | May replace multiple balances with a new loan for borrowers who qualify. | APR, fees, total cost, collateral, payment, and the risk of adding new debt. |
To understand a non-bankruptcy option, review the differences between debt settlement and debt management and how credit card consolidation works. Comparing realistic monthly budgets and total costs can make the tradeoffs clearer.
Frequently asked questions
Can I file bankruptcy twice?
Yes, many people can file more than once, but the prior case can affect whether a new discharge is available and whether the automatic stay applies. The chapter, filing dates, and outcome of the earlier case matter. Other eligibility requirements also apply.
Does the eight-year rule mean I cannot file sooner?
Not necessarily. The eight-year Chapter 7-to-Chapter 7 rule is generally a waiting period for receiving another Chapter 7 discharge, measured from the earlier filing date. Filing eligibility and discharge eligibility are not identical. A lawyer can review whether a case could be filed sooner and whether it would serve a useful purpose.
Do the waiting periods run from the discharge date?
For the common repeat-discharge rules discussed here, the calculation generally uses the filing date of the earlier case. Check the actual court docket and get case-specific advice before calculating a date, particularly when there were multiple filings or a dismissal.
Can I get another discharge if my first case was dismissed?
A dismissal is not the same as a discharge, so the ordinary discharge-to-discharge waiting rule may not answer the question. But a dismissal may trigger separate refiling or automatic-stay limits, depending on why and when it occurred. Review the dismissal order and the entire case record.
Talk through the numbers before choosing a path
If you have substantial unsecured debt, a prior bankruptcy, or a new collection problem, begin by assembling your case documents, debt statements, income information, and any urgent notices. A qualified bankruptcy attorney can explain your filing and discharge eligibility. If you are also comparing non-bankruptcy options, consider the costs, risks, and monthly payment demands of each one, and confirm that any proposed path fits your own circumstances.
Review bankruptcy and debt-settlement differences
Disclaimer: This article is intended for general informational purposes only and is not legal advice. New Era Debt Solutions is a debt relief company, not a law firm. Our team does not include bankruptcy attorneys, and we do not provide legal representation or legal opinions regarding bankruptcy matters. Laws and regulations vary by state and individual circumstances. For legal advice about Chapter 7 bankruptcy, Chapter 13 bankruptcy, or any other bankruptcy-related matter, please consult a licensed bankruptcy attorney.
