How Often Can You File Bankruptcy? Understanding Time Limits & Rules
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There is no limit to how many times you can file a bankruptcy case in your lifetime. The frequency of your filings depends on how long it's been since your last bankruptcy case as well as the type of bankruptcy you previously filed — Chapter 7, Chapter 11, and Chapter 13 bankruptcy are the most common types of consumer bankruptcies.
Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated April 16, 2025
How Many Times Can I File for Bankruptcy?
There is no limit to how many times you can file a bankruptcy case in your lifetime.
To prevent people from abusing the bankruptcy process, the Bankruptcy Code does require a certain amount of time to pass between cases that are successfully filed and result in a discharge of your debts.
No matter what your reason, you have the right to file for bankruptcy as many times as needed. This process can help you if you find yourself facing wage garnishment due to unexpected medical bills or unpaid tax debts, or if you’re in danger of foreclosure. Even if you have previously filed a bankruptcy case, you can file for more bankruptcy protection again.
How Long Do I Have To Wait Between Bankruptcy Filings?
The waiting period between bankruptcy filings depends on the type of bankruptcy you previously filed and the type you want to file now.
⏱️❗The clock starts from the date you filed (filing date) your previous case, not the discharge date.❗⏱️
| Previous Bankruptcy Type | New Bankruptcy Type | Waiting Period | Notes |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | This is the longest waiting period because Chapter 7 eliminates most debts without requiring repayment. |
| Chapter 7 | Chapter 13 | 4 years | You can file sooner, but you won't qualify for a full discharge if it's within four years. Some people do this to repay tax debts or other non-dischargeable debts. |
| Chapter 13 | Chapter 7 | 6 years | This can be waived if you paid 100% of unsecured debts or 70% with a good-faith repayment effort in your Chapter 13 plan. |
| Chapter 13 | Chapter 13 | 2 years | Since Chapter 13 repayment plans last 3–5 years, filing another one within 2 years is rare. However, some filers use back-to-back Chapter 13 cases to manage ongoing tax debt or other obligations. |
When Can I File Bankruptcy Again?
If you’ve filed for bankruptcy before and received a discharge, you’ll need to wait a certain amount of time before filing again if you want another discharge. The waiting period depends on the type of bankruptcy you previously filed and the type you plan to file next. Below is a breakdown of the required waiting periods for different bankruptcy combinations.
Chapter 7 Bankruptcy ➡️ Chapter 7 Bankruptcy: 8 years
Chapter 7 provides the quickest form of debt relief through a bankruptcy filing and doesn’t require the filer to complete a repayment plan before getting their bankruptcy discharge. Because of this, the wait time is longer between your first case and your next case.
Chapter 7 Bankruptcy ➡️ Chapter 13 Bankruptcy: 4 years
You can file Chapter 13 bankruptcy less than four years after receiving a Chapter 7 discharge, but you will not be eligible to receive a full Chapter 13 discharge.
For example, you can file a Chapter 13 bankruptcy to pay off tax debts or other types of debt that were not cleared after your Chapter 7 case if you do not want to wait the four years.
Chapter 13 Bankruptcy ➡️ Chapter 7 Bankruptcy: 6 years
This waiting period can be waived if you paid back 100% of your unsecured debt in your previous Chapter 13 plan and the original case was found to be in good faith. Since a Chapter 13 repayment plan can take up to five years to complete before resulting in a discharge, it’s possible to file Chapter 7 bankruptcy about one year after receiving a Chapter 13 discharge.
Chapter 13 Bankruptcy ➡️ Chapter 13 Bankruptcy: 2 years
Since the minimum length of a Chapter 13 repayment plan is three years, receiving a discharge before completing a three-year plan is only possible if an unexpected hardship makes completing the plan impossible.
Repeated Chapter 13 bankruptcy filings are sometimes used to keep the payments on the filer’s tax debts manageable. Since these types of debts can’t be discharged, the time limit between cases is less important. An experienced bankruptcy attorney is usually needed to guide filers through the Chapter 13 process. Upsolve can connect you to a local attorney for a free consultation.
Are There Consequences To Filing Bankruptcy Multiple Times?
While there’s no limit to how many times you can file for bankruptcy, filing multiple cases within a short period can have consequences. One of the biggest issues is that you may not receive full protection from the automatic stay — the legal protection that stops creditors from collecting debts, garnishing wages, or foreclosing on your home.
If you file a second bankruptcy case within one year of a previous case being dismissed, the automatic stay is limited to 30 days unless you convince the court that you’re filing in good faith.
If you file a third case within one year, there’s no automatic stay at all unless the court specifically grants it.
The court limits the automatic stay in these situations to prevent people from abusing the bankruptcy system by filing repeatedly just to delay collection actions. If you’ve filed more than once in a short time, you may need to ask the court to extend the automatic stay by proving that you’re filing in good faith and not just to stall creditors.
Filing multiple cases can also affect your credit score, making it harder to get loans or credit in the future. Before filing again, you may want to explore other options, like debt settlement or credit counseling, to see if another solution might work for your situation.
Can a Bankruptcy Attorney Help Me File Bankruptcy Sooner?
A bankruptcy attorney can’t help you get around the time limits, but they may be able to help you file a different type of bankruptcy than the one you filed before and confirm the earliest date your second case can be filed. A bankruptcy lawyer can give you legal advice about how soon a second bankruptcy can be filed.
Upsolve can refer you to a bankruptcy attorney for a free consultation. If you’re eligible to file Chapter 7 bankruptcy but can’t afford to hire a bankruptcy attorney, our free tool can help you prepare your bankruptcy forms and complete the bankruptcy process on your own.
What Are the Different Types of Bankruptcy?
Bankruptcy isn’t one-size-fits-all. The two most common types of personal bankruptcy are Chapter 7 and Chapter 13. Both can help you get relief from debt, but they work in very different ways.
👉Chapter 7 eliminates most unsecured debt quickly.
👉 Chapter 13 allows you to repay some debts over time through a court-approved plan.
The right option for you depends on your income, assets, and financial goals. Let’s break down how each type works and who may qualify.
Chapter 7 Bankruptcy
Chapter 7 eliminates most debt, including credit card debt, without requiring repayment. Instead of a repayment plan, the Chapter 7 process may require you to sell some valuable belongings that aren’t protected by exemptions to help pay back creditors, though this is rare. Many filers keep all their property because state or federal exemptions protect necessities like clothing, a modest car, and household goods.
Eligibility: You must pass the means test, which looks at your income and expenses to determine if you can afford to repay your debts.
Debts discharged: It covers credit card debt, medical bills, personal loans, and most other unsecured debts.
Timeline: Most Chapter 7 cases are completed in about 4–6 months.
Credit impact: Chapter 7 remains on your credit report for 10 years, which may make it harder to get loans or credit in the short term.
Chapter 13 Bankruptcy
Chapter 13 allows you to keep all your property as long as you complete a court-approved repayment plan that lasts 3–5 years. People often use it to catch up on missed mortgage or car payments and prevent foreclosure or repossession.
Eligibility: Chapter 13 is designed for people with a steady income who can afford to repay some of their debts.
Debts included: It covers secured debts (like mortgages and car loans) and unsecured debts (like credit cards and medical bills).
Timeline: The repayment plan takes 3–5 years, and you must make consistent monthly payments — missing payments could lead to case dismissal.
Credit impact: Chapter 13 stays on your credit report for seven years, but lenders may view it more favorably than Chapter 7 because you’re repaying part of your debt.
Do I Have Other Debt Relief Options?
If you’re between bankruptcy filings and not yet eligible to file again, you may need to explore other debt relief options. While bankruptcy can provide a fresh start, alternatives like debt consolidation, debt settlement, or credit counseling may help you manage your financial situation in the meantime.
Each option has its pros and cons, so it’s important to research carefully before deciding. Here are some common debt relief alternatives:
Debt consolidation: This involves taking out a new loan to pay off multiple debts, leaving you with a single monthly payment. It can simplify repayment and may lower your interest rate, but you usually need good credit to qualify.
Debt settlement: In this approach, you negotiate with creditors to pay less than what you owe in a lump sum or structured payments. This can reduce your total debt, but it may hurt your credit score, and some creditors may not negotiate with you.
Credit counseling: A nonprofit credit counseling agency can help you create a budget, negotiate lower interest rates, or enroll in a debt management plan (DMP). A DMP consolidates your unsecured debts, like credit cards, into one affordable monthly payment.
Negotiating with creditors: If you're struggling with payments, you can try contacting your creditors directly to request lower interest rates, a temporary payment pause, or an extended repayment term. Some creditors may be willing to work with you to avoid default.
Legal aid and financial assistance programs: If you're facing foreclosure, eviction, or wage garnishment, you may qualify for legal aid programs or hardship assistance. Many nonprofits offer free or low-cost help to people in financial distress.
Since these options can be complex, it’s a good idea to start with a free credit counseling session to evaluate your situation and get professional guidance on the best path forward. Upsolve can connect you with an NFCC-accredited nonprofit credit counseling agency for a free consultation.
