How Often Can You File Bankruptcy?
Federal bankruptcy law limits how soon a person can receive another discharge after an earlier one. The waiting periods run from the filing date of the earlier case and depend on which chapters are involved: 8 years between Chapter 7 discharges, and shorter periods when Chapter 13 is involved. Separately, a person whose earlier case was dismissed in certain circumstances may be barred from filing again for 180 days.
What the law says
- Chapter 7 after Chapter 7: the court will not grant a Chapter 7 discharge if the debtor received a discharge under section 727 or section 1141 (Chapter 11) in a case commenced within 8 years before the date the new petition was filed. 11 U.S.C. § 727 (via Cornell LII)
- Chapter 7 after Chapter 13: a Chapter 7 discharge is barred if the debtor received a discharge under section 1228 (Chapter 12) or 1328 (Chapter 13) in a case commenced within six years before the new petition was filed. 11 U.S.C. § 727 (via Cornell LII)
- That six-year bar does not apply if payments under the earlier plan totaled at least 100 percent of the allowed unsecured claims in that case, or at least 70 percent of those claims and the plan was proposed by the debtor in good faith and was the debtor's best effort. 11 U.S.C. § 727 (via Cornell LII)
- Chapter 13 after Chapter 7, 11, or 12: the court shall not grant a Chapter 13 discharge if the debtor received a discharge in a case filed under Chapter 7, 11, or 12 during the 4-year period preceding the date of the order for relief in the new case. 11 U.S.C. § 1328 (via Cornell LII)
- Chapter 13 after Chapter 13: the court shall not grant a Chapter 13 discharge if the debtor received a discharge in a Chapter 13 case filed during the 2-year period preceding the date of the order for relief in the new case. 11 U.S.C. § 1328 (via Cornell LII)
- U.S. Courts lists, as a condition of a Chapter 13 discharge, that the debtor has not received a discharge in a prior case filed within a certain time frame: two years for prior Chapter 13 cases and four years for prior Chapter 7, 11, and 12 cases. U.S. Courts, Chapter 13 - Bankruptcy Basics
- Separately, an individual cannot file under Chapter 7 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with court orders, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. U.S. Courts, Chapter 7 - Bankruptcy Basics
FAQ
Is there a limit on how many times I can file?
The Bankruptcy Code sets waiting periods for receiving another discharge, measured from the filing date of the earlier case; for Chapter 7, the period is 8 years after a prior Chapter 7 or Chapter 11 discharge.
Does the waiting period run from the earlier filing date or the discharge date?
For Chapter 7, the statute looks at a prior discharge in a case commenced within 8 years (or 6 years for a prior Chapter 12 or 13 discharge) before the date the new petition was filed.
Can I file Chapter 13 soon after a Chapter 7 discharge?
A Chapter 13 discharge is barred if the debtor received a Chapter 7, 11, or 12 discharge in a case filed during the 4-year period before the order for relief in the new case.
What if my last case was dismissed?
A prior dismissal can bar a new filing for 180 days if it was due to willful failure to appear or comply with court orders, or if the debtor voluntarily dismissed after creditors sought relief from the stay.
Related
- Can You File Bankruptcy on Student Loans?
- Chapter 7 vs. Chapter 13 Bankruptcy
- Do I Need a Lawyer for Bankruptcy?
- How Long Does Bankruptcy Stay on Your Credit Report?
- How Much Does a Bankruptcy Lawyer Cost?
- How Much Does It Cost to File Bankruptcy?
- What Happens When You File for Bankruptcy?
- What Is Chapter 13 Bankruptcy?
- What Is Chapter 7 Bankruptcy?
- Bankruptcy by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.