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How Often Can You File Bankruptcy?
First of all, it is essential to note that there is generally no lifetime limit on how many times you can file for bankruptcy. The law distinguishes between initiating a new bankruptcy case and being eligible for a new discharge. Depending on your circumstances and goals, you may still be able to initiate a new case.
However, certain dismissals can prevent you from filing again for 180 days, and repeated filings may limit the protection of the automatic stay. The U.S. Courts Chapter 7 guide explains some of these restrictions.
This guide walks you through the waiting periods that come with filing for bankruptcy, the eight-year rule you need to know about, how Chapter 20 bankruptcy operates, what to expect if you are a repeat filer facing an automatic stay, and the scenarios where filing again could still offer valuable relief.
Filing Again vs. Receiving Another Discharge
The idea that you cannot file again until the waiting period has passed is one of the biggest misconceptions about repeat bankruptcies.
Two separate questions need to be asked:
- Can you file another bankruptcy case?
- Can you receive another bankruptcy discharge in that case?
You may be able to file bankruptcy again even if you have not yet qualified for another discharge. Your financial circumstances, objectives, and the relief you need will determine whether this is a smart move.
Chapter 7 After Chapter 7: The Eight-Year Rule
The eight-year rule for bankruptcy is the most recognized waiting period.
To receive another Chapter 7 discharge, at least eight years generally must pass between the filing date of the first Chapter 7 case and the filing date of the second Chapter 7 case.
For example, if you filed a Chapter 7 bankruptcy petition on January 10, 2020, you would generally become eligible for another Chapter 7 discharge in a case filed on or after January 10, 2028.
The waiting period does not begin on the discharge date. It runs from filing date to filing date. The official California Bankruptcy Court guidance on prior discharges provides a summary of these waiting periods.
If you are unsure whether Chapter 7 is available again, visit our Chapter 7 bankruptcy service page to learn more about eligibility and debt relief.
Chapter 13 After Chapter 7: Generally Four Years
If you previously received a Chapter 7 discharge, you generally need to wait four years before becoming eligible for a discharge in a new Chapter 13 case.
The waiting period runs from:
Filing date of Chapter 7 to filing date of Chapter 13
For example, if you filed Chapter 7 on June 1, 2022, a Chapter 13 case filed on or after June 1, 2026 may be eligible for a discharge. The Chapter 13 discharge would generally be entered only after you complete the repayment plan and meet the other requirements.
You may also file Chapter 13 before the four-year period ends, although you may not receive another discharge. Chapter 13 could still help you stop foreclosure, catch up on missed mortgage payments, or reorganize secured debts.
Chapter 7 After Chapter 13: Generally Six Years
When moving from Chapter 13 to Chapter 7, the waiting period varies.
After receiving a Chapter 13 discharge, you generally have to wait six years between filing dates before becoming eligible for a Chapter 7 discharge. However, there are significant exceptions.
The six-year waiting period may not apply if:
- The previous Chapter 13 plan paid 100% of allowed unsecured claims.
- The plan paid at least 70% of allowed unsecured claims, was proposed in good faith, and represented your best effort.
For those who have completed a Chapter 13 bankruptcy, it is necessary to review the payment history and details of the previous case before determining eligibility.
Chapter 13 After Chapter 13: Generally Two Years
If you have already received a Chapter 13 discharge and would like to receive another one, the waiting period is generally two years.
Like the other waiting periods, this runs from:
Filing date of the first Chapter 13 to filing date of the second Chapter 13
Many Chapter 13 repayment plans last three to five years. As a result, by the time a typical Chapter 13 case is completed, the two-year waiting period has usually already passed.
You can learn more about how these repayment cases work on our Chapter 13 bankruptcy service page.
Waiting Periods Run From Filing Date to Filing Date
One of the most important rules to remember is that bankruptcy waiting periods are measured using filing dates, not discharge dates.
| Previous Bankruptcy | New Bankruptcy | General Waiting Period |
|---|---|---|
| Chapter 7 | Chapter 7 | 8 years |
| Chapter 7 | Chapter 13 | 4 years |
| Chapter 13 | Chapter 7 | 6 years, subject to exceptions |
| Chapter 13 | Chapter 13 | 2 years |
These periods generally concern eligibility for another discharge. They do not always prevent someone from filing a new case sooner.
The U.S. Courts bankruptcy discharge guide provides more information about how prior cases affect discharge eligibility.
What Is Chapter 20 Bankruptcy?
The U.S. Bankruptcy Code does not include an official Chapter 20. The term simply describes a strategy in which someone files Chapter 7 and later files Chapter 13, as in 7 + 13 = 20.
A Chapter 20 strategy can be useful when someone has already used Chapter 7 to discharge unsecured debts but later needs Chapter 13 to:
- Stop foreclosure
- Catch up on missed mortgage payments
- Repay tax debt gradually
- Address secured debts
- Handle liens in certain situations
Sometimes, a Chapter 13 filing occurs before the debtor is eligible for another discharge. Even without a second discharge, Chapter 13 may provide a legal structure for catching up on secured debts or protecting property.
Whether this approach is appropriate depends on the reason for filing, the debts involved, and whether a workable Chapter 13 plan can be proposed.
Automatic Stay and Repeat Filers
Most collection activities, including wage garnishments, collection lawsuits, foreclosure actions, repossessions, and creditor calls, are generally paused when bankruptcy is filed.
But the rules are more complicated for repeat filers.
If one bankruptcy case was pending and dismissed during the year before the new filing, the automatic stay generally expires after 30 days unless the court extends it.
If two or more bankruptcy cases were pending and dismissed during the previous year, the stay generally does not take effect automatically. The debtor may need to ask the court to impose it.
These rules are explained in Section 362 of the Bankruptcy Code. Because the deadlines can be short, anyone with a recently dismissed case should tell their attorney before filing again.
Can Filing Again Help Without Another Discharge?
In some circumstances, filing bankruptcy again may still provide useful relief even when you are not eligible for another discharge.
A Chapter 13 case may help you address certain tax obligations, manage secured debts, catch up on missed mortgage payments, or reorganize your finances through a repayment plan.
However, filing without discharge eligibility is not automatically beneficial. You still need a valid reason for filing, enough income to support the plan, and the ability to meet the court’s requirements.
Final Thoughts
The key distinction is between being allowed to file another bankruptcy case and being eligible for another discharge.
The applicable waiting period depends on the chapter used in your previous case and the chapter you want to file now. Prior dismissals may also affect whether the automatic stay protects you.
If you are considering filing bankruptcy again, contact Bay Area Bankruptcy Lawyers to review your previous case, discharge date, filing date, and current financial goals.
This article provides general information and does not constitute legal advice. Bankruptcy eligibility, discharge periods, and automatic-stay protections depend on the facts and history of each case.