How Often Can You File Bankruptcy?

There is no lifetime cap on bankruptcy filings. The Bankruptcy Code never says "three strikes." What it limits is the discharge, the court order that actually erases debt. It does that with four waiting periods. Which one applies depends on which chapter came first and which comes next. People who confuse "can I file" with "can I get a discharge" tend to get one of two surprises. Either the case goes nowhere, or it works better than they expected.

Key points

• Every waiting period runs from the date the first case was filed to the date the new case is filed, not from the first discharge date.
• Only a case that ended in a discharge triggers a waiting period. A dismissed case does not, though it can shorten or eliminate the automatic stay in the next one.
• The 6-year bar between a Chapter 13 discharge and a new Chapter 7 has two exceptions written into the statute.
• Filing is legal even during a waiting period; the case simply cannot end in a discharge. That is sometimes done on purpose to stop a foreclosure or restructure secured debt.
• Repeat filers who had a case dismissed in the prior year get a 30-day stay under §362(c)(3). After two dismissals, §362(c)(4) gives no stay at all. In both cases the filer can ask the court to extend or impose one.

The four waiting periods

Two details in the statute text change outcomes:

• Section 727(a)(8) counts from "a case commenced within 8 years before the date of the filing of the petition." A Chapter 7 filed on March 1, 2018 and discharged in July 2018 allows a new Chapter 7 on March 1, 2026, not July 2026.
• Section 1328(f) counts from the earlier "case filed under" the chapter during the 2- or 4-year period "preceding the date of the order for relief." The order for relief in a voluntary case is the filing date, so the same filing-to-filing measure applies.

The 2-year Chapter 13 period is short, and Chapter 13 plans last three to five years. So a person who completed a full plan has almost always cleared the 2-year bar by the time the discharge is entered. The bar matters mostly after a hardship discharge or an early-completed plan.

Discharge versus dismissal

Section 109(g) is the one true filing bar in the Code. For 180 days after a dismissal, a person cannot be a debtor at all in two situations. The first is when the earlier case was dismissed for willful failure to follow court orders or to prosecute the case. The second is when the person voluntarily dismissed it after a creditor filed a motion for relief from the stay. That rule is aimed at the pattern of filing to stop a foreclosure, dismissing when the lender moves, and filing again.

The 30-day stay and the no-stay rule for repeat filers

The automatic stay is what makes bankruptcy useful on day one. For repeat filers, Congress cut it back in 2005:

1. One dismissed case in the prior year: stay lasts 30 days

   Section 362(c)(3) applies when a Chapter 7, 11, or 13 case was pending and dismissed within the year before the new filing. The stay as to the debtor then terminates on the 30th day after the new case is filed. The filer can ask the court to extend it. The motion must be heard and decided before the 30 days run, and the filer has to show the new case was filed in good faith.

2. Two or more dismissed cases in the prior year: no stay at all

   Under §362(c)(4), the stay does not go into effect when the new case is filed. A party in interest can ask within 30 days for the court to impose a stay, again on a good-faith showing.

3. The presumption works against the filer

   Section 362(c)(3)(C) presumes the new case was not filed in good faith in several situations. One is when the earlier case was dismissed for failing to file required documents, pay fees, or perform a plan, and the filer's circumstances have not substantially changed. The presumption can be rebutted only by clear and convincing evidence.

Two carve-outs. A case refiled under a different chapter after a §707(b) means-test dismissal does not count. And under §362(i), a case dismissed because the filer entered a debt repayment plan is not presumed to be in bad faith.

Filing without a discharge: the "Chapter 20"

The Code limits the discharge rather than the filing. So some people file Chapter 13 shortly after a Chapter 7 discharge, knowing that §1328(f)(1) blocks a second discharge. Practitioners call it a Chapter 20. The point is not to erase debt; the Chapter 7 already did that. The point is to use the Chapter 13 plan and its stay to catch up mortgage arrears, pay priority taxes over time, or deal with a lien the Chapter 7 could not touch. Whether a wholly unsecured junior mortgage can be stripped in a no-discharge Chapter 13 is a question courts have split on, so it is a jurisdiction-specific strategy.

Why people file more than once

Repeat filings are not evidence of abuse in most cases. Three patterns are common. A Chapter 13 is dismissed because income dropped, and a Chapter 7 follows once the filer qualifies. A Chapter 7 is followed years later by a new crisis, such as a medical event or a job loss. Or a Chapter 13 is refiled after dismissal to save a house. The waiting periods are designed to allow exactly those sequences while blocking a person from discharging debt again a year or two after doing it the first time.

Common mistakes to avoid

• ✕Counting the waiting period from the earlier discharge date. Every period in §727(a)(8)-(9) and §1328(f) runs from the earlier filing date.
• ✕Assuming a dismissed Chapter 13 blocks a new Chapter 7. It does not; only a discharge starts the clock.
• ✕Refiling right after a dismissal without a motion to extend the stay. Under §362(c)(3) the stay ends on day 30 unless the court acts before then.
• ✕Leaving a prior case off the petition. Prior filings are a sworn question, and courts and trustees check the national case database.
• ✕Ignoring the §727(a)(9) exceptions. A Chapter 13 that paid 70 percent to unsecured creditors in a best-effort plan may allow a Chapter 7 sooner than six years.
• ✕Voluntarily dismissing a case after a lender files for stay relief. That triggers the 180-day bar in §109(g)(2).

Frequently asked questions

How many times can you file bankruptcy?

There is no limit on the number of filings. The Bankruptcy Code limits how often a person can receive a discharge. The waits are 8 years between Chapter 7 discharges, 2 years between Chapter 13 discharges, 4 years from a Chapter 7 to a Chapter 13, and 6 years from a Chapter 13 to a Chapter 7, with exceptions. Each period runs from the filing date of the earlier case.

How long after Chapter 7 can I file Chapter 7 again?

Eight years, measured from the date the first Chapter 7 was filed to the date the new one is filed, under 11 U.S.C. §727(a)(8). A person who filed on June 1, 2018 can file a new Chapter 7 and receive a discharge on or after June 1, 2026, regardless of when the first discharge was actually entered.

Can I file Chapter 13 after Chapter 7?

Yes. A Chapter 13 discharge is available if the new case is filed at least four years after the Chapter 7 was filed, under §1328(f)(1). A Chapter 13 can be filed sooner than that to use the plan and the automatic stay, for example to catch up a mortgage. It will not end in a discharge. Practitioners call that a Chapter 20.

Can I file Chapter 7 after Chapter 13?

Yes, if at least six years have passed since the Chapter 13 was filed, under §727(a)(9). The six-year bar does not apply if the Chapter 13 plan paid unsecured creditors 100 percent, or paid at least 70 percent under a plan proposed in good faith that was the filer's best effort. A Chapter 13 that was dismissed rather than discharged triggers no waiting period at all.

What happens to the automatic stay if I file again after a dismissal?

If one case was dismissed in the year before the new filing, the stay ends 30 days after the new case is filed under §362(c)(3). The court can extend it on a good-faith showing made before the deadline. If two or more cases were dismissed in that year, no stay arises at all under §362(c)(4) unless a party asks the court to impose one within 30 days.

Does a dismissed bankruptcy count against me?

A dismissal does not start any discharge waiting period. It can still matter. A dismissal in the prior year limits or eliminates the automatic stay in the next case. A dismissal for willful failure to follow court orders, or a voluntary dismissal after a stay-relief motion, bars any new filing for 180 days under §109(g).

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