How Often Can You File Bankruptcy?
There is no legal limit on how many times you can file bankruptcy — but there are waiting periods before you can receive another discharge. You must wait 8 years between Chapter 7 discharges, 2 years between Chapter 13 discharges, 4 years from Chapter 7 to Chapter 13, and generally 6 years from Chapter 13 to Chapter 7.
Filing vs. Discharge: The Key Distinction
Federal law doesn’t cap the number of bankruptcy cases you can file in a lifetime. What it limits is how often you can receive a discharge — the court order that actually wipes out your debts. Filing a new case too soon doesn’t get your petition rejected; it means you could go through the entire process without your debts being eliminated at the end. That’s why the waiting periods matter so much.
All waiting periods are measured from the filing date of the earlier case to the filing date of the new case — not from the discharge date.
The Waiting Periods Between Discharges
Chapter 7 after Chapter 7 — 8 years. Under Bankruptcy Code §727(a)(8), you must wait eight years from the date your previous Chapter 7 was filed before filing a new Chapter 7 that can end in discharge.
Chapter 13 after Chapter 13 — 2 years. Because most Chapter 13 repayment plans last three to five years, this two-year window means many filers can file a new Chapter 13 almost as soon as the prior plan is complete.
Chapter 13 after Chapter 7 — 4 years. You must wait four years from the Chapter 7 filing date to receive a Chapter 13 discharge. Some debtors file a Chapter 13 immediately after a Chapter 7 anyway — a strategy known as a “Chapter 20” — not for a second discharge, but to spread out payments on debts the Chapter 7 couldn’t erase, like recent taxes or mortgage arrears.
Chapter 7 after Chapter 13 — 6 years, with an exception. The six-year wait is waived if your earlier Chapter 13 plan paid unsecured creditors in full, or paid at least 70% under a plan proposed in good faith that represented your best effort.
What If Your Earlier Case Was Dismissed?
If a previous case was dismissed rather than discharged, the discharge waiting periods above generally don’t apply — but other rules do. Under §109(g), you must wait 180 days to refile if your case was dismissed for willfully disobeying court orders, or if you voluntarily dismissed it after a creditor asked the court for permission to foreclose or repossess.
Repeat filers also face limits on the automatic stay, the protection that stops collections the moment you file. If you had one case dismissed within the past year, the stay in your new case expires after 30 days unless the court extends it. With two or more dismissals in the past year, no stay takes effect at all unless the court imposes one. An attorney can request the extension — but the motion must be filed and heard quickly, so timing is critical.
Each Filing Still Costs Money
Every new case requires the court filing fee — currently $338 for Chapter 7 and $313 for Chapter 13 — plus credit counseling and attorney fees. Repeat filings also stay on your credit report, so filing again is a decision worth making carefully with counsel rather than reflexively.
Filing Again in Miami-Dade County
Miami-Dade bankruptcy cases are filed in the U.S. Bankruptcy Court for the Southern District of Florida, with its Miami division at the C. Clyde Atkins United States Courthouse downtown. Local judges see repeat filings regularly and look closely at good faith — especially when a new case follows a recent dismissal. Arturo R. Alfonso P.A. has guided Miami families through bankruptcy in English and Spanish for over 35 years and can tell you exactly when you become eligible for a new discharge and which chapter fits your situation. If you’ve been searching for a bankruptcy attorney near me after a previous case, we can review your filing history and map out the right timing.
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