Can You File Bankruptcy Again?
If you have been through bankruptcy before, you may be wondering whether you can file again. The short answer is yes -- but there are waiting periods you need to know about.
Every year, thousands of Americans find themselves needing bankruptcy protection more than once. Job loss, medical emergencies, divorce, and economic downturns do not stop happening just because you filed bankruptcy in the past. The Bankruptcy Code does not prevent you from filing again, but it does impose waiting periods before you can receive another discharge.
Understanding these waiting periods is critical. Filing too early can mean going through the entire bankruptcy process only to be denied a discharge at the end. This guide explains every rule, every time period, and every chapter combination so you know exactly where you stand.
The Waiting Period Table
The table below shows the minimum number of years you must wait between bankruptcy filings to receive a discharge in the new case. The waiting period is measured from filing date to filing date, not discharge date.
| Prior Case | New Case | Waiting Period | Statute |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | 727(a)(8) |
| Chapter 7 | Chapter 13 | 4 years | 1328(f)(1) |
| Chapter 13 | Chapter 13 | 2 years | 1328(f)(2) |
| Chapter 13 | Chapter 7 | 6 years | 727(a)(9) |
Important: Filing vs. Discharge
You can file a new bankruptcy case at any time. The waiting periods only restrict whether you can receive a discharge in the new case. Some people file a new case even when the discharge bar applies -- for example, to get the protection of the automatic stay or to reorganize debts through a Chapter 13 plan.
How the Waiting Periods Work
Chapter 7 After Chapter 7: 8 Years
This is the longest waiting period. Under 11 U.S.C. Section 727(a)(8), you cannot receive a Chapter 7 discharge if you received a discharge in a prior Chapter 7 case filed within the preceding 8 years. The 8-year clock starts on the date you filed the prior case, not the date you received the discharge. Learn more about filing after Chapter 7.
Chapter 7 After Chapter 13: 6 Years (with exceptions)
Under 11 U.S.C. Section 727(a)(9), you generally cannot get a Chapter 7 discharge if you received a Chapter 13 discharge in a case filed within the preceding 6 years. However, there are two important exceptions. The 6-year bar does not apply if your prior Chapter 13 plan paid unsecured creditors 100% of their allowed claims, or if the plan paid at least 70% and was proposed in good faith with best effort. Learn more about filing after Chapter 13.
Chapter 13 After Chapter 7: 4 Years
Under 11 U.S.C. Section 1328(f)(1), you cannot receive a Chapter 13 discharge if you received a discharge in a Chapter 7 case filed within the preceding 4 years. This is the most common scenario for repeat filers -- people who received a Chapter 7 discharge but later need the structured repayment plan that Chapter 13 offers. Learn more about Section 1328(f).
Chapter 13 After Chapter 13: 2 Years
Under 11 U.S.C. Section 1328(f)(2), you cannot receive a Chapter 13 discharge if you received a discharge in a prior Chapter 13 case filed within the preceding 2 years. This is the shortest waiting period in the Bankruptcy Code. Learn more about Chapter 13 repeat filings.
What If My Last Case Was Dismissed?
If your prior case was dismissed rather than discharged, the waiting periods above do not apply. Those rules only restrict discharges after a prior discharge. A dismissal means your case ended without a discharge, so the discharge bars are not triggered.
However, there is a separate rule you need to know about. Section 109(g) imposes a 180-day filing bar if your prior case was dismissed under certain circumstances -- specifically, if you willfully failed to obey court orders or if you voluntarily dismissed after a creditor sought relief from the automatic stay. Read the full guide on dismissed vs. discharged cases.
Not sure if you are eligible?
Use our free date calculator to find your earliest eligible filing date based on your prior case.
Open the CalculatorThe "Chapter 20" Strategy
You may have heard the term "Chapter 20" -- this is not an actual chapter of the Bankruptcy Code. It refers to the strategy of filing a Chapter 7 case first to discharge unsecured debts, then filing a Chapter 13 case afterward to deal with remaining secured debts (like a mortgage or car loan) through a repayment plan. Since the Chapter 7-to-Chapter 13 waiting period for discharge is 4 years, people who use this strategy within the 4-year window file their Chapter 13 knowing they will not receive a Chapter 13 discharge. They still benefit from the automatic stay and the ability to cure mortgage arrears through the plan.
Serial Filing and the Automatic Stay
If you have had a prior case dismissed within the last year, you need to be aware of the automatic stay limitations under 11 U.S.C. Section 362(c)(3) and (c)(4). If you had one prior case dismissed within the preceding year, the automatic stay in your new case terminates after 30 days unless you file a motion to extend it. If you had two or more prior cases dismissed within the preceding year, you do not get an automatic stay at all unless you file a motion to impose one.
Should You File Again?
Filing bankruptcy again is a significant decision. Before you file, consider these factors:
- Has enough time passed? Use our date calculator to check your eligibility.
- Has your financial situation changed? Repeat filings can draw more scrutiny from the court and the U.S. Trustee.
- Which chapter is right this time? Your circumstances may have changed since your last case.
- Is the automatic stay at risk? If your prior case was dismissed recently, you may have limited stay protection.
- Have you addressed the root cause? Bankruptcy provides a fresh start, but it works best when combined with changes to the underlying financial situation.
If you had a prior discharge, you can screen your case for discharge eligibility using the free tool at 1328f.com, which covers all 94 federal districts.
Frequently Asked Questions
How long do I have to wait to file bankruptcy again?
It depends on the chapters involved. Chapter 7 to Chapter 7: 8 years. Chapter 7 to Chapter 13: 4 years. Chapter 13 to Chapter 13: 2 years. Chapter 13 to Chapter 7: 6 years. All periods run from filing date to filing date.
Can I file bankruptcy again if my last case was dismissed?
Yes. The discharge waiting periods only apply when you received a discharge in the prior case. If your case was dismissed, there is no discharge bar. However, Section 109(g) may impose a 180-day filing bar in certain circumstances. Learn more.
Can I file Chapter 13 even if the discharge bar applies?
Yes. You can file a Chapter 13 case at any time. The waiting period only affects whether you receive a discharge. Some people file Chapter 13 without seeking a discharge to benefit from the automatic stay and the structured repayment plan.
Where are the waiting periods defined in the Bankruptcy Code?
Section 727(a)(8) covers Chapter 7 after Chapter 7 (8 years). Section 727(a)(9) covers Chapter 7 after Chapter 13 (6 years). Section 1328(f) covers Chapter 13 after any prior case (4 years or 2 years). Full statutory breakdown.
Is the waiting period measured from filing date or discharge date?
From filing date to filing date. The clock starts when you filed the prior case, not when you received the discharge. This is important because the discharge can come months or even years after filing.
This site provides general information about bankruptcy law and does not constitute legal advice. No attorney-client relationship is created by using this site. Bankruptcy law is complex and varies by jurisdiction. Consult a licensed attorney for advice about your specific situation. Information is current as of 2024 and is based on federal bankruptcy law (Title 11, United States Code).