How Often Can I File For Bankruptcy?

The frequency with which you can file for bankruptcy depends on the type of bankruptcy previously filed, the outcome of that filing, and the type of bankruptcy you wish to file now. The Bankruptcy Code sets specific time limits between discharges to prevent abuse of the bankruptcy system. Here’s a breakdown of the waiting periods required between filings for different types of bankruptcy:

From Chapter 7 to Chapter 7

• Waiting Period: 8 years from the date of the first Chapter 7 filing to the date of the second Chapter 7 filing.
• Reference: 11 U.S.C. § 727(a)(8).

From Chapter 7 to Chapter 13

• Waiting Period: 4 years from the date of the first Chapter 7 filing to the date of the Chapter 13 filing.
• Reference: 11 U.S.C. § 1328(f)(1).

From Chapter 13 to Chapter 7

• Waiting Period: 6 years from the date of the first Chapter 13 filing to the date of the Chapter 7 filing, unless in the Chapter 13 case, you paid all unsecured creditors in full, or you paid at least 70% of the claims and the plan was proposed in good faith and was your best effort.
• Reference: 11 U.S.C. § 727(a)(9).

From Chapter 13 to Chapter 13

• Waiting Period: 2 years from the date of the first Chapter 13 filing to the date of the second Chapter 13 filing.
• Reference: 11 U.S.C. § 1328(f)(2).

Special Considerations

• Discharge vs. Filing: The waiting periods apply to discharges, not to filings. You can technically file for bankruptcy again at any time, but if you file before the waiting period for a discharge has elapsed, you may not be eligible to have your debts discharged in the new case.
• Dismissed Cases: If your previous bankruptcy case was dismissed rather than discharged, different rules might apply. Generally, there’s no mandatory waiting period to refile after a dismissal, but if the court orders otherwise or if the dismissal was due to certain reasons like failure to obey court orders, there might be a waiting period.
• Strategic Filings: In some situations, it might be strategic to file for bankruptcy even if you’re not eligible for a discharge. For example, filing for Chapter 13 after a recent Chapter 7 discharge can provide a way to manage non-dischargeable debts like taxes or to catch up on a mortgage, even though you won’t receive a discharge at the end of the Chapter 13 plan.

The rules governing the frequency of bankruptcy filings are designed to balance the debtor’s need for relief with the integrity of the bankruptcy system. If you’re considering filing for bankruptcy again, it’s crucial to understand these rules and how they apply to your specific situation. Consulting with a knowledgeable bankruptcy attorney can help you navigate these complexities and determine the best course of action based on your financial goals and previous bankruptcy history.