There is no limit on the number of times you can file. But waiting periods of 2 to 8 years restrict when you can receive a discharge.
Federal law does not cap the number of bankruptcy cases a person can file. You can file Chapter 7, Chapter 13, Chapter 11, or Chapter 12 as many times as you need to. The Bankruptcy Code restricts discharge -- not filing.
According to FJC data covering 4.9 million cases across 94 federal districts, a significant number of bankruptcy filers have prior cases on record. Some debtors file three, four, or more times over a decade. The question is not whether you can file again, but whether you can receive a discharge when you do.
After receiving a discharge in one case, federal law requires you to wait a set number of years before receiving another discharge in a new case. The waiting period depends on which chapter you filed before and which chapter you plan to file next.
| Prior Case | New Case | Wait Period | Statute |
|---|---|---|---|
| Ch. 7 or Ch. 11 | Ch. 7 | 8 years | 727(a)(8) |
| Ch. 12 or Ch. 13 | Ch. 7 | 6 years | 727(a)(9) |
| Ch. 7, 11, or 12 | Ch. 13 | 4 years | 1328(f)(1) |
| Ch. 13 | Ch. 13 | 2 years | 1328(f)(2) |
All waiting periods run from filing date to filing date, not from the date of discharge. If your prior case was filed on March 1, 2022, and the required wait is 4 years, you must file the new case on or after March 1, 2026.
Separately, Section 109(g) can prevent you from filing at all for 180 days if your prior case was dismissed for willful failure to obey court orders, or if you voluntarily dismissed after a creditor sought relief from the automatic stay. This bar restricts filing itself, not just discharge.
Federal court records show that repeat filings are common. According to FJC data, a substantial percentage of Chapter 13 cases involve debtors who have filed before. In some districts, the prior-filer rate exceeds 30%.
Filing a new case before the waiting period expires means you go through the entire process -- attorney fees, filing fees, monthly plan payments -- without receiving a discharge at the end. Your debts survive in full. According to court data, this happens more often than many people realize, particularly when attorneys fail to check the debtor's filing history.
Courts are aware that some debtors file repeatedly to take advantage of the automatic stay -- the order that stops creditor collection actions. Under Section 362(c)(3), if you had a case dismissed within the prior year, the automatic stay in your new case expires after 30 days unless the court extends it. If you had two or more cases dismissed in the prior year, the automatic stay does not go into effect at all unless you obtain a court order.
Check whether a prior discharge bars your current case.
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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