Yes. Federal law allows unlimited filings but imposes waiting periods of 2-8 years before you can receive a second discharge.
You can absolutely file bankruptcy a second time -- or a third, fourth, or fifth time. There is no statutory limit on the number of bankruptcy petitions you can file. What the law restricts is your ability to receive a discharge (the order that eliminates qualifying debts) if you received one in a prior case.
According to FJC data covering 4.9 million cases across 94 federal districts, repeat filings are common. In many districts, 20-30% of new Chapter 13 cases involve debtors with a prior filing on record.
The required waiting period depends on which chapter you filed the first time and which chapter you plan to file the second time:
| First Case | Second Case | Wait | Statute |
|---|---|---|---|
| Ch. 7 | Ch. 7 | 8 years | 727(a)(8) |
| Ch. 7 | Ch. 13 | 4 years | 1328(f)(1) |
| Ch. 13 | Ch. 7 | 6 years | 727(a)(9) |
| Ch. 13 | Ch. 13 | 2 years | 1328(f)(2) |
The waiting period is measured from the filing date of the first case to the filing date of the second case -- not from discharge to filing. This is a critical distinction that affects when you become eligible.
If your first case was dismissed (ended without a discharge), the discharge waiting periods do not apply. You did not receive a discharge, so there is nothing to bar a second one. However:
A common and legitimate approach is filing Chapter 7 first to eliminate unsecured debt, then filing Chapter 13 to restructure secured debt (like a mortgage or car loan). This is informally called "Chapter 20" (7 + 13). The 4-year waiting period under Section 1328(f)(1) applies to the Chapter 13 discharge, but even without a Chapter 13 discharge, the debtor can use the Chapter 13 plan to cure mortgage arrears and protect property.
If you file a second case before the waiting period expires, your case will proceed, but you will not receive a discharge. This means you pay attorney fees (often $3,000-$4,000 for Chapter 13), filing fees ($313 for Chapter 13, $338 for Chapter 7), and potentially years of plan payments -- all without the debt relief that discharge provides.
Before filing a second case, an attorney must check your prior filing history. The official bankruptcy petition (Form 101, Question 9) requires disclosure of any case filed within the past 8 years. Competent counsel verifies this information against court records to ensure you are eligible for discharge before filing.
Check whether your prior filing affects eligibility for a second discharge.
Use the Eligibility CheckerThis page provides general information based on publicly available federal court records. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
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