How Often Can I File Bankruptcy?

It is possible for a single person to file bankruptcy multiple times and receive a discharge each time. However, you must beet certain rules in order to qualify after having previously received a discharge. The rules essentially require a certain waiting period between filing certain types of cases. If you did not receive a discharge in your previous case, then you can always re-file regardless of the rules below.

Prior Chapter 7 Bankruptcy: If you have filed a Chapter 7 case in the past and received a discharge, then you can file another bankruptcy in the following situations:

  1. Later Chapter 7: If you have already filed a Chapter 7 that resulted in a discharge and wish to file another Chapter 7 bankruptcy, you must wait 8 years between the date that you filed your first case and the date that you file the new case.
  2. Later Chapter 13:  If you have already filed a Chapter 7 that resulted in a discharge and wish to file a later Chapter 13 bankruptcy, you must wait 4 years between the date that you filed your Chapter 7 and the date that you file your new Chapter 13 case.
  3. Convert from Chapter 13 to Chapter 7:  If you have already filed a Chapter 7 that resulted in a discharge and wish to convert your pending Chapter 13 bankruptcy to a Chapter 7, you must have waited 8 years between the date that you filed your first case and the date that you filed the Chapter 13 case.  The date of conversion is not relevant to the ability to convert.

Prior Chapter 13 Bankruptcy:  If you have filed a Chapter 13 case in the past and received a discharge, then you can file another bankruptcy in the following situations:

  1. Later Chapter 7:  If you have already filed a Chapter 13 case that resulted in a discharge and wish to file a later Chapter 7 bankruptcy, you must wait 6 years between the date that you filed your Chapter 13 case and the date that you file the new Chapter 7 case.  
  2. However, there is an exception to this rule.  The 6 year rule does not apply when:
    1. You paid all of your unsecured debts in your previous Chapter 13 case; or
    2. You paid at least 70% of your unsecured debts in your previous Chapter 13 case, AND your plan was proposed in good faith and your best effort.
  3. Later Chapter 13: If you have already filed a Chapter 13 that resulted in a discharge and wish to file a later Chapter 13 bankruptcy, you must wait 2 years between the date that you filed your first Chapter 13 and the date that you file your new Chapter 13 case.