How Often Can You File Bankruptcy? Time Limits Explained
You can file bankruptcy as many times as needed, but waiting periods apply between discharges. The time required depends on your previous bankruptcy type and the type you want to file next. If you cannot file yet, explore alternatives like debt settlement or credit counseling.
Get Free ConsultationYou can file bankruptcy as many times as you need in your lifetime. No legal limit exists on the number of bankruptcy filings.
However, the Bankruptcy Code does require waiting periods between cases. These rules prevent abuse while ensuring you can get help when financial hardship strikes again.
Wondering When You Can File Bankruptcy Again?
Connect with a bankruptcy attorney for free to understand your eligibility for Chapter 7 or Chapter 13. Get personalized guidance on waiting periods and your best path to a fresh start.
Check Your Eligibility NowYou have the right to file bankruptcy multiple times. Whether you face wage garnishment, medical bills, or foreclosure, bankruptcy protection remains available. Even previous filers can seek relief again.
Understanding Bankruptcy Waiting Periods
The waiting period between bankruptcy filings depends on two factors. First, the type of bankruptcy you filed previously. Second, the type you want to file now.
The clock starts from your previous case filing date. Not the discharge date.
Chapter 7 to Chapter 7: 8 Years
You must wait eight years between Chapter 7 bankruptcy filings. Chapter 7 eliminates most debts without requiring repayment. Because of this powerful relief, the waiting period is longest.
Chapter 7 provides the quickest form of debt relief. You complete the process in 4-6 months. But you cannot receive another Chapter 7 discharge for eight years.
Chapter 7 to Chapter 13: 4 Years
You can file Chapter 13 bankruptcy four years after receiving a Chapter 7 discharge. You can file sooner than four years. However, you will not qualify for a full Chapter 13 discharge.
Some people file Chapter 13 without seeking discharge. They use it to repay tax debts or other non-dischargeable obligations. Speaking with a bankruptcy attorney for free can help you determine if this strategy makes sense.
Chapter 13 to Chapter 7: 6 Years
You must wait six years after filing Chapter 13 to receive a Chapter 7 discharge. Two exceptions exist to this rule.
The court can waive this waiting period if you meet specific conditions. You must have paid 100% of your unsecured debt in your Chapter 13 plan. Or you paid at least 70% with a good-faith repayment effort.
Since Chapter 13 repayment plans last 3-5 years, you might file Chapter 7 just one year after your Chapter 13 discharge.
Chapter 13 to Chapter 13: 2 Years
You can file Chapter 13 bankruptcy two years after filing a previous Chapter 13. Since repayment plans last 3-5 years, filing another within two years is uncommon.
Some filers use back-to-back Chapter 13 cases strategically. They manage ongoing tax debt or other long-term obligations. Unexpected hardship might also make completing a three-year plan impossible.
Quick Reference: Bankruptcy Waiting Periods
| Previous Type | New Type | Waiting Period |
|---|---|---|
| Chapter 7 | Chapter 7 | 8 years |
| Chapter 7 | Chapter 13 | 4 years |
| Chapter 13 | Chapter 7 | 6 years |
| Chapter 13 | Chapter 13 | 2 years |
Consequences of Multiple Bankruptcy Filings
Filing bankruptcy multiple times carries specific consequences. You face limitations on the automatic stay. The automatic stay stops creditors from collecting debts, garnishing wages, or foreclosing on your home.
If you file a second bankruptcy case within one year of a dismissal, the automatic stay lasts only 30 days. You must convince the court you are filing in good faith to extend it.
If you file a third case within one year, no automatic stay applies at all. You must ask the court to grant the stay by proving good faith filing.
Courts limit the automatic stay to prevent bankruptcy system abuse. People cannot file repeatedly just to delay collection actions.
Multiple filings also affect your credit score. Your ability to get loans or credit becomes harder. Before filing again, explore alternatives like debt settlement or credit counseling.
How Bankruptcy Attorneys Can Help
A bankruptcy attorney cannot help you bypass time limits. However, they provide valuable guidance on your options.
An attorney can help you file a different bankruptcy type than before. They confirm the earliest date you can file your second case. Legal advice ensures you understand your rights and options.
Consulting with a bankruptcy attorney protects your interests. They review your financial situation and recommend the best path forward.
Chapter 7 vs. Chapter 13 Bankruptcy
Bankruptcy comes in different forms. Chapter 7 and Chapter 13 are the most common types for individuals. Both provide debt relief but work differently.
Chapter 7 eliminates most unsecured debt quickly. Chapter 13 allows you to repay some debts over time through a court-approved plan.
Your income, assets, and financial goals determine which option fits best.
Chapter 7 Bankruptcy Details
Chapter 7 eliminates most debt without requiring repayment. You might need to sell valuable belongings not protected by exemptions. Most filers keep all their property because exemptions protect necessities.
- Eligibility: You must pass the means test. The test examines your income and expenses to determine repayment ability.
- Debts discharged: Credit card debt, medical bills, personal loans, and most unsecured debts.
- Timeline: Most Chapter 7 cases complete in 4-6 months.
- Credit impact: Chapter 7 remains on your credit report for 10 years.
Chapter 13 Bankruptcy Details
Chapter 13 allows you to keep all property while completing a repayment plan. The plan lasts 3-5 years. People use it to catch up on missed mortgage or car payments.
- Eligibility: Designed for people with steady income who can afford some debt repayment.
- Debts included: Secured debts like mortgages and car loans, plus unsecured debts.
- Timeline: Repayment plans take 3-5 years. You must make consistent monthly payments.
- Credit impact: Chapter 13 stays on your credit report for seven years.
Alternative Debt Relief Options
If you cannot file bankruptcy yet, other debt relief options exist. Alternatives may help you manage your financial situation while waiting.
Each option has pros and cons. Research carefully before deciding.
Debt Consolidation
Debt consolidation involves taking out a new loan to pay off multiple debts. You end up with a single monthly payment. This can simplify repayment and may lower your interest rate.
You usually need good credit to qualify for favorable terms.
Debt Settlement
Debt settlement means negotiating with creditors to pay less than you owe. You make a lump sum or structured payments. This can reduce your total debt.
Debt settlement may hurt your credit score. Some creditors refuse to negotiate.
Credit Counseling and Debt Management Plans
A nonprofit credit counseling agency can help you create a budget. They negotiate lower interest rates or enroll you in a debt management plan.
A debt management plan consolidates unsecured debts into one affordable monthly payment. Our partner Cambridge Credit Counseling can help you explore this option.
Direct Creditor Negotiation
Contact your creditors directly to request help. Ask for lower interest rates, temporary payment pauses, or extended repayment terms.
Some creditors work with struggling borrowers to avoid default.
Legal Aid and Financial Assistance
If you face foreclosure, eviction, or wage garnishment, you may qualify for legal aid programs. Many nonprofits offer free or low-cost help to people in financial distress.
Financial assistance programs can provide temporary relief while you explore long-term solutions.