How often you can file a bankruptcy depends on a few things: what type of bankruptcy you filed in the past, when you filed your previous bankruptcy, and were you discharged or dismissed from your previous bankruptcy.
If you filed a Chapter 7 bankruptcy and wish to file another Chapter 7 bankruptcy, you must wait 8 years from the original bankruptcy filing date to file again, 11 U.S.C. § 727.
If you filed a Chapter 13 bankruptcy and received a discharge, you must wait at least 6 years from the original bankruptcy filing date to file Chapter 7 bankruptcy, 11 U.S.C. § 727. There are a couple of exceptions to this clause, but I’d recommend contacting a bankruptcy attorney to see if you qualify.
I speak to people each day that call just asking for advice on how to save a home because they have filed a Chapter 7 previously and don’t think that they can file a bankruptcy again until the 8 years have passed. You can indeed file again within the 8 years, but you will need to file a Chapter 13 in order to save your home. You would have to wait at least 2 years from the date that you filed the Chapter 7 in order to file a Chapter 13.
Now, let’s say that you have filed a Chapter 13 already and you received a discharge, but, again, have hit hard times and need to file a Chapter 13 again. You can! You’ll have to wait 6 months, and sometimes there are limitations to the law in which you would need to discuss those limitations with your attorney.
Lastly, let’s say that you were dismissed from your Chapter 13 bankruptcy and you need to re-file a Chapter 13 again, there is no time limit, but again, there are some limitations to the law, in which you will need to discuss with your attorney.
Below is a table for easy reference:
| Type of Previous Bankruptcy | Want to File | Timeframe Before Filing | Code Section |
|---|---|---|---|
| Chapter 7 with Discharge | Chapter 7 | 8 years | 11 U.S.C. § 727(a)(8) |
| Chapter 13 with Discharge | Chapter 7 | 6 years but may be an exception if creditors paid more than 70% in Chapter 13 | 11 U.S.C. § 727(a)(9) |
| Chapter 13 with Dismissal | Chapter 7 | Immediately, no timeframe unless Court made special provision in Chapter 13 case | N/A |
| Chapter 7 with Discharge | Chapter 13 | At any time but discharge may not be granted, 4 years to receive a discharge in the Chapter 13 | 11 U.S.C. § 1328(f)(1) |
| Chapter 13 with Discharge | Chapter 13 | At any time but discharge may not be granted, 2 years to receive a discharge in the Chapter 13 | 11 U.S.C. § 1328(f)(2) |
| Chapter 13 with Dismissal | Chapter 13 | At any time unless the Court has set limitations; however, there may be limited or no automatic stay, so it is important to seek legal counsel | 11 U.S.C. § 362(c) |
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