How Many Years Can You File Bankruptcy Again?

Bankruptcy offers a legal pathway for individuals to manage overwhelming debt, either by eliminating certain obligations or by restructuring them for repayment. This process, overseen by a federal bankruptcy court, aims to provide a financial fresh start. For those who have previously filed, understanding the specific rules and timeframes for re-filing is important, as these regulations govern how often an individual can seek bankruptcy protection.

Timeframes for Successive Filings

The ability to file for bankruptcy again involves specific waiting periods. These periods depend on the type of bankruptcy previously filed and the type intended for the new filing. They are measured from the date of filing the previous case, not the discharge date. This framework prevents repeated filings to erase debts without sufficient time for financial recovery.

If an individual previously filed for Chapter 7 bankruptcy and received a discharge, they must wait eight years from that filing date before they can file another Chapter 7 case and receive a new discharge. A Chapter 7 case filed on August 1, 2017, would allow another Chapter 7 discharge on or after August 1, 2025. This period prevents frequent use of liquidation bankruptcy.

When moving from a Chapter 13 bankruptcy to another Chapter 13, the waiting period is two years from the date the first Chapter 13 case was filed. This shorter timeframe reflects that Chapter 13 involves a repayment plan, demonstrating an effort to address debts rather than liquidate them. A Chapter 13 filed on November 1, 2022, would allow for another Chapter 13 filing on or after November 1, 2024.

For those who previously filed Chapter 7 and now consider Chapter 13, a waiting period of four years from the Chapter 7 filing date is required. This allows individuals to transition from a full discharge to a structured repayment plan. Conversely, if a Chapter 13 was filed previously and a Chapter 7 is now being considered, the waiting period is six years from the Chapter 13 filing date.

Receiving a New Discharge

Meeting the timeframes for filing a new bankruptcy case does not automatically guarantee a new discharge of debts. The timing of a previous bankruptcy discharge directly influences eligibility for a subsequent discharge in a new case. These waiting periods regulate eligibility for a new discharge, rather than merely the ability to open a new case.

If a Chapter 7 discharge was received previously, obtaining another Chapter 7 discharge requires an eight-year wait from the initial Chapter 7 filing date. Filing a new Chapter 7 case before this period elapses will not result in debts being wiped out. If a Chapter 13 discharge was received, a new Chapter 7 discharge is available after six years from the Chapter 13 filing date. This six-year period can be shortened if the prior Chapter 13 plan paid 100% of unsecured claims, or at least 70% of allowed unsecured claims, and the plan was proposed in good faith and represented the debtor’s best effort.

For those seeking a Chapter 13 discharge after a previous Chapter 7, a four-year waiting period from the Chapter 7 filing date is required to receive a new discharge. While a Chapter 13 case can be filed sooner, a discharge will not be granted until this four-year period has passed. If the previous case was a Chapter 13, a new Chapter 13 discharge can be obtained two years from the filing date of the prior Chapter 13. The two-year period is calculated from the filing date, not the discharge date.

Special Cases and Considerations

Certain circumstances can affect the standard waiting periods or eligibility for a new discharge. When a previous bankruptcy case was dismissed without a discharge being granted, the standard waiting periods for discharge eligibility may not apply. If a case was dismissed “without prejudice,” it means the debtor can refile immediately, as if the case was never filed. If the dismissal was “with prejudice,” it bars re-filing for a specific period, or permanently prevents discharge of debts from the dismissed case.

A limitation known as the 180-day bar can prevent re-filing if a previous bankruptcy petition was dismissed under certain conditions. This bar applies if the case was dismissed due to the debtor’s willful failure to appear in court or comply with court orders. It also applies if the debtor voluntarily dismissed the case after a creditor requested relief from the automatic stay. This rule prevents debtors from misusing the bankruptcy system to delay creditors.

In Chapter 13, a “good faith” effort can allow for debt repayment and potential discharge even if standard waiting periods for a prior Chapter 7 discharge have not fully passed. This applies if the Chapter 13 plan paid a significant percentage of unsecured debts. This is not a full discharge in all cases and requires court approval based on the debtor’s commitment to the repayment plan.

Courts can deem repeated or ill-timed filings as an abuse of the bankruptcy system, which can lead to dismissal or other adverse outcomes. Abuse can involve repeatedly filing to delay creditors without a legitimate need for relief, or manipulating eligibility requirements. If a court finds abuse, it may deny or revoke a discharge, impose monetary penalties, or even lead to criminal charges.

Timeframes for Successive Filings

The ability to file for bankruptcy again involves specific waiting periods. These periods depend on the type of bankruptcy previously filed and the type intended for the new filing. They are measured from the date of filing the previous case, not the discharge date. This framework prevents repeated filings to erase debts without sufficient time for financial recovery.

If an individual previously filed for Chapter 7 bankruptcy and received a discharge, they must wait eight years from that filing date before they can file another Chapter 7 case and receive a new discharge. A Chapter 7 case filed on August 1, 2017, would allow another Chapter 7 discharge on or after August 1, 2025. This period prevents frequent use of liquidation bankruptcy.

When moving from a Chapter 13 bankruptcy to another Chapter 13, the waiting period is two years from the date the first Chapter 13 case was filed. This shorter timeframe reflects that Chapter 13 involves a repayment plan, demonstrating an effort to address debts rather than liquidate them. A Chapter 13 filed on November 1, 2022, would allow for another Chapter 13 filing on or after November 1, 2024.

For those who previously filed Chapter 7 and now consider Chapter 13, a waiting period of four years from the Chapter 7 filing date is required. This allows individuals to transition from a full discharge to a structured repayment plan. Conversely, if a Chapter 13 was filed previously and a Chapter 7 is now being considered, the waiting period is six years from the Chapter 13 filing date.

Receiving a New Discharge

Meeting the timeframes for filing a new bankruptcy case does not automatically guarantee a new discharge of debts. The timing of a previous bankruptcy discharge directly influences eligibility for a subsequent discharge in a new case. These waiting periods regulate eligibility for a new discharge, rather than merely the ability to open a new case.

If a Chapter 7 discharge was received previously, obtaining another Chapter 7 discharge requires an eight-year wait from the initial Chapter 7 filing date. Filing a new Chapter 7 case before this period elapses will not result in debts being wiped out. If a Chapter 13 discharge was received, a new Chapter 7 discharge is available after six years from the Chapter 13 filing date. This six-year period can be shortened if the prior Chapter 13 plan paid 100% of unsecured claims, or at least 70% of allowed unsecured claims, and the plan was proposed in good faith and represented the debtor’s best effort.

For those seeking a Chapter 13 discharge after a previous Chapter 7, a four-year waiting period from the Chapter 7 filing date is required to receive a new discharge. While a Chapter 13 case can be filed sooner, a discharge will not be granted until this four-year period has passed. If the previous case was a Chapter 13, a new Chapter 13 discharge can be obtained two years from the filing date of the prior Chapter 13. The two-year period is calculated from the filing date, not the discharge date.

Special Cases and Considerations

Certain circumstances can affect the standard waiting periods or eligibility for a new discharge. When a previous bankruptcy case was dismissed without a discharge being granted, the standard waiting periods for discharge eligibility may not apply. If a case was dismissed “without prejudice,” it means the debtor can refile immediately, as if the case was never filed. If the dismissal was “with prejudice,” it bars re-filing for a specific period, or permanently prevents discharge of debts from the dismissed case.

A limitation known as the 180-day bar can prevent re-filing if a previous bankruptcy petition was dismissed under certain conditions. This bar applies if the case was dismissed due to the debtor’s willful failure to appear in court or comply with court orders. It also applies if the debtor voluntarily dismissed the case after a creditor requested relief from the automatic stay. This rule prevents debtors from misusing the bankruptcy system to delay creditors.

In Chapter 13, a “good faith” effort can allow for debt repayment and potential discharge even if standard waiting periods for a prior Chapter 7 discharge have not fully passed. This applies if the Chapter 13 plan paid a significant percentage of unsecured debts. This is not a full discharge in all cases and requires court approval based on the debtor’s commitment to the repayment plan.

Courts can deem repeated or ill-timed filings as an abuse of the bankruptcy system, which can lead to dismissal or other adverse outcomes. Abuse can involve repeatedly filing to delay creditors without a legitimate need for relief, or manipulating eligibility requirements. If a court finds abuse, it may deny or revoke a discharge, impose monetary penalties, or even lead to criminal charges.

Timeframes for Successive Filings

The ability to file for bankruptcy again involves specific waiting periods. These periods depend on the type of bankruptcy previously filed and the type intended for the new filing. They are measured from the date of filing the previous case, not the discharge date. This framework prevents repeated filings to erase debts without sufficient time for financial recovery.

If an individual previously filed for Chapter 7 bankruptcy and received a discharge, they must wait eight years from that filing date before they can file another Chapter 7 case and receive a new discharge. A Chapter 7 case filed on August 1, 2017, would allow another Chapter 7 discharge on or after August 1, 2025. This period prevents frequent use of liquidation bankruptcy.

When moving from a Chapter 13 bankruptcy to another Chapter 13, the waiting period is two years from the date the first Chapter 13 case was filed. This shorter timeframe reflects that Chapter 13 involves a repayment plan, demonstrating an effort to address debts rather than liquidate them. A Chapter 13 filed on November 1, 2022, would allow for another Chapter 13 filing on or after November 1, 2024.

For those who previously filed Chapter 7 and now consider Chapter 13, a waiting period of four years from the Chapter 7 filing date is required. This allows individuals to transition from a full discharge to a structured repayment plan. Conversely, if a Chapter 13 was filed previously and a Chapter 7 is now being considered, the waiting period is six years from the Chapter 13 filing date.

Receiving a New Discharge

Meeting the timeframes for filing a new bankruptcy case does not automatically guarantee a new discharge of debts. The timing of a previous bankruptcy discharge directly influences eligibility for a subsequent discharge in a new case. These waiting periods regulate eligibility for a new discharge, rather than merely the ability to open a new case.

If a Chapter 7 discharge was received previously, obtaining another Chapter 7 discharge requires an eight-year wait from the initial Chapter 7 filing date. Filing a new Chapter 7 case before this period elapses will not result in debts being wiped out. If a Chapter 13 discharge was received, a new Chapter 7 discharge is available after six years from the Chapter 13 filing date. This six-year period can be shortened if the prior Chapter 13 plan paid 100% of unsecured claims, or at least 70% of allowed unsecured claims, and the plan was proposed in good faith and represented the debtor’s best effort.

For those seeking a Chapter 13 discharge after a previous Chapter 7, a four-year waiting period from the Chapter 7 filing date is required to receive a new discharge. While a Chapter 13 case can be filed sooner, a discharge will not be granted until this four-year period has passed. If the previous case was a Chapter 13, a new Chapter 13 discharge can be obtained two years from the filing date of the prior Chapter 13. The two-year period is calculated from the filing date, not the discharge date.

Special Cases and Considerations

Certain circumstances can affect the standard waiting periods or eligibility for a new discharge. When a previous bankruptcy case was dismissed without a discharge being granted, the standard waiting periods for discharge eligibility may not apply. If a case was dismissed “without prejudice,” it means the debtor can refile immediately, as if the case was never filed. If the dismissal was “with prejudice,” it bars re-filing for a specific period, or permanently prevents discharge of debts from the dismissed case.

A limitation known as the 180-day bar can prevent re-filing if a previous bankruptcy petition was dismissed under certain conditions. This bar applies if the case was dismissed due to the debtor’s willful failure to appear in court or comply with court orders. It also applies if the debtor voluntarily dismissed the case after a creditor requested relief from the automatic stay. This rule prevents debtors from misusing the bankruptcy system to delay creditors.

In Chapter 13, a “good faith” effort can allow for debt repayment and potential discharge even if standard waiting periods for a prior Chapter 7 discharge have not fully passed. This applies if the Chapter 13 plan paid a significant percentage of unsecured debts. This is not a full discharge in all cases and requires court approval based on the debtor’s commitment to the repayment plan.

Courts can deem repeated or ill-timed filings as an abuse of the bankruptcy system, which can lead to dismissal or other adverse outcomes. Abuse can involve repeatedly filing to delay creditors without a legitimate need for relief, or manipulating eligibility requirements. If a court finds abuse, it may deny or revoke a discharge, impose monetary penalties, or even lead to criminal charges.