How Often Can You File Chapter 13 Bankruptcy?

There are no specific limits on the number of times you can file for Chapter 13 bankruptcy. However, time restrictions on receiving a discharge, which effectively limits how frequently Chapter 13 can be used to reorganize your debts and obtain relief, do apply.

Time Restrictions Between Discharges

The Bankruptcy Code imposes time limits between discharges in Chapter 13 and other types of bankruptcy filings:

• Chapter 13 to Chapter 13: At least two years must pass before filing another Chapter 13 case to receive a second discharge. This interval is generally shorter than the duration of a Chapter 13 payment plan, meaning you could potentially file for Chapter 13 again immediately after completing your first plan.
• Chapter 13 to Chapter 7: A six-year wait is required before transitioning from a Chapter 13 to a Chapter 7 discharge, with certain conditions allowing for earlier filing.
• Chapter 7 to Chapter 13: A four-year waiting period is mandated for moving from Chapter 7 to Chapter 13 bankruptcy if seeking a discharge in the latter.

Strategic Considerations and Examples

While technically possible to file for Chapter 13 bankruptcy multiple times, strategic considerations regarding timing and eligibility for discharge are crucial.

Example 1: Stopping Foreclosure

John and Mary’s story illustrates the strategic use of Chapter 13 to stop foreclosure. After completing a Chapter 13 plan in 2023, they faced new financial challenges in 2025. Filing for Chapter 13 again allowed them to stop foreclosure and address their debts, showcasing how Chapter 13 can offer a lifeline in times of financial distress.

Example 2: Converting from Chapter 7 to Chapter 13

Alex’s scenario demonstrates transitioning from Chapter 7 to Chapter 13 to manage mortgage and car payments. Despite not being eligible for a Chapter 13 discharge until four years after his Chapter 7 filing, the immediate goal was to prevent foreclosure and repossession, highlighting Chapter 13’s protective benefits.

Example 3: Sequential Chapter 13 Filings

Sarah’s experience with sequential Chapter 13 filings shows how refiling can adjust to significant changes in financial circumstances. Dismissing her initial case and refiling allowed her to propose a reduced payment plan that reflected her current income, emphasizing Chapter 13’s flexibility.

Other Considerations

• Good Faith Requirement: Repeat filings are scrutinized for good faith. If the court perceives a new filing as an abuse of the bankruptcy system, it may dismiss the case.
• Impact on Credit: Multiple bankruptcies can affect your credit score and borrowing capabilities. However, the primary goal of Chapter 13 is often to protect assets and manage debts rather than immediate credit score improvement.

Filing for Chapter 13 bankruptcy multiple times is governed by specific time restrictions and strategic considerations. Real-life examples of individuals navigating these rules highlight the potential benefits and challenges of repeat filings. Whether stopping foreclosure, transitioning from Chapter 7, or adjusting to new financial realities, Chapter 13 bankruptcy offers a versatile tool for debt management and asset protection. Consulting with a knowledgeable bankruptcy attorney is essential to navigate these complexities effectively and make informed decisions tailored to your financial situation.