The Short Answer
How often you can file bankruptcy depends on three things: what type of bankruptcy you filed before, when you filed it, and whether you received a discharge or a dismissal. If you previously filed Chapter 7 and want to file Chapter 7 again, you must wait 8 years from the original filing date. But you don't have to wait 8 years to file Chapter 13 — and that distinction saves homes every week. The clock and the rules differ depending on the combination of cases, so knowing your specific situation is essential before assuming you can't file.
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) |
To be helpful, we have created a tool you can use to find out whether you would qualify for a discharge if you were to file for bankruptcy again.
Key Takeaways
- Filing Chapter 7 after a previous Chapter 7 discharge requires an 8-year wait from the original filing date under 11 U.S.C. § 727(a)(8).
- Filing Chapter 7 after a Chapter 13 discharge requires a 6-year wait, though exceptions exist if your Chapter 13 paid creditors at least 70%.
- You can file Chapter 13 even within the 8-year window after a Chapter 7 discharge, but you must wait at least 2 years from the Chapter 7 filing date to receive a Chapter 13 discharge.
- Filing Chapter 13 after a previous Chapter 13 discharge is allowed, but you must wait 2 years from the prior Chapter 13 filing date to receive a discharge in the new case.
- If your previous Chapter 13 was dismissed rather than discharged, there is generally no time limit to refile — but repeat filings may trigger a limited or no automatic stay, making legal counsel critical.
- A discharge and a dismissal are not the same thing — dismissal typically means your case was thrown out without completing, while discharge means your debts were legally eliminated.
Attorney Insight
The mistake I see most often is people assuming the 8-year Chapter 7 rule locks them out of bankruptcy entirely — so they watch a foreclosure proceed when a Chapter 13 filing could have saved their home. I get calls every week from people who filed Chapter 7 years ago and now need to stop a foreclosure; if at least 2 years have passed since that Chapter 7 filing date, we can often file a Chapter 13 and trigger the automatic stay immediately. The discharge timeline rules matter, but even without an eventual discharge, a Chapter 13 repayment plan can restructure mortgage arrears and protect your property. Don't count yourself out before you talk to someone — the refiling rules are more nuanced than the 8-year number suggests.
