Struggling with debt can feel like a never-ending cycle, and you might be wondering, “How many times can I file for bankruptcy?” The good news? There’s no strict limit on how often you can file, but there are rules about when you can get your debts discharged again. At Monohan & Monohan, we’re here to break it down in plain English, so you can make informed decisions about your financial future. Let’s dive in!
Can You File Bankruptcy More Than Once?
Yes, you can file for bankruptcy multiple times in your lifetime. There’s no cap on the number of filings, whether you’re pursuing Chapter 7 (liquidation) or Chapter 13 (repayment plan). However, the catch is that you can’t always get your debts discharged (wiped out) every time you file.
The U.S. Bankruptcy Code sets waiting periods between discharges, depending on the type of bankruptcy you’ve filed before and the type you want to file now.
Why does this matter? A discharge is what gives you that financial “fresh start,” so understanding the timing is key to planning your next steps.
Waiting Periods Between Bankruptcy Filings
The waiting period for a new discharge depends on your previous bankruptcy and the one you’re filing now. Here’s a quick breakdown of the rules, starting from the filing date of your last case:
- Chapter 7 to Chapter 7: Wait 8 years to get another Chapter 7 discharge. This is the longest waiting period because Chapter 7 wipes out most unsecured debts (like credit cards or medical bills) without a repayment plan.
- Chapter 7 to Chapter 13: Wait 4 years for a Chapter 13 discharge. Chapter 13 involves a 3- to 5-year repayment plan, so the wait is shorter.
- Chapter 13 to Chapter 13: Wait 2 years for another Chapter 13 discharge. Since Chapter 13 plans already take years, you can often file again soon after completing one.
- Chapter 13 to Chapter 7: Wait 6 years, unless you paid 100% of your unsecured debts in your Chapter 13 plan or at least 70% with a good-faith effort.
| Previous Filing | New Filing | Waiting Period | Notes |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | Longest period; Chapter 7 wipes out most unsecured debts. |
| Chapter 7 | Chapter 13 | 4 years | Chapter 13 involves a 3- to 5-year repayment plan. |
| Chapter 13 | Chapter 13 | 2 years | Shorter wait since Chapter 13 plans take years to complete. |
| Chapter 13 | Chapter 7 | 6 years | Waived if 100% of unsecured debts paid, or 70% with good-faith effort. |
Pro Tip: If your previous case was dismissed (not discharged) due to issues like missed payments, you may be able to refile immediately, but the automatic stay (which stops creditor actions) could be limited or unavailable. Always check with a bankruptcy attorney to avoid pitfalls.
Waiting Periods Between Bankruptcy Filings
The waiting period for a new discharge depends on your previous bankruptcy and the one you’re filing now. Here’s a quick breakdown of the rules, starting from the filing date of your last case:
- Chapter 7 to Chapter 7: Wait 8 years to get another Chapter 7 discharge. This is the longest waiting period because Chapter 7 wipes out most unsecured debts (like credit cards or medical bills) without a repayment plan.
- Chapter 7 to Chapter 13: Wait 4 years for a Chapter 13 discharge. Chapter 13 involves a 3- to 5-year repayment plan, so the wait is shorter.
- Chapter 13 to Chapter 13: Wait 2 years for another Chapter 13 discharge. Since Chapter 13 plans already take years, you can often file again soon after completing one.
- Chapter 13 to Chapter 7: Wait 6 years, unless you paid 100% of your unsecured debts in your Chapter 13 plan or at least 70% with a good-faith effort.
| Previous Filing | New Filing | Waiting Period | Notes |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | Longest period; Chapter 7 wipes out most unsecured debts. |
| Chapter 7 | Chapter 13 | 4 years | Chapter 13 involves a 3- to 5-year repayment plan. |
| Chapter 13 | Chapter 13 | 2 years | Shorter wait since Chapter 13 plans take years to complete. |
| Chapter 13 | Chapter 7 | 6 years | Waived if 100% of unsecured debts paid, or 70% with good-faith effort. |
Pro Tip: If your previous case was dismissed (not discharged) due to issues like missed payments, you may be able to refile immediately, but the automatic stay (which stops creditor actions) could be limited or unavailable. Always check with a bankruptcy attorney to avoid pitfalls.
Why Might You Need to File Again?
Life doesn’t always go as planned, and unexpected challenges can lead to new debt. Here are common reasons people file bankruptcy more than once:
- Job Loss or Reduced Income: A sudden layoff or pay cut can make new debts unmanageable.
- Medical Emergencies: Uninsured medical bills can pile up quickly, even after a prior bankruptcy.
- Divorce or Family Changes: Divorce settlements or new child support obligations can strain finances.
- Incomplete Debt Resolution: Some debts, like taxes or student loans, may not have been discharged in your first filing, requiring another case to address them.
At Monohan & Monohan, we understand that financial setbacks aren’t always your fault. Our experienced bankruptcy attorneys can help you assess whether filing again makes sense for your situation.
What Happens If You File Too Soon?
Filing before the waiting period ends doesn’t mean your case will be rejected outright, but you may not get a discharge. You might still benefit from an automatic stay, which temporarily stops creditors from collecting debts, like wage garnishments or foreclosures. However, there are risks:
- Limited Automatic Stay: If you file within 1 year of a prior case, the stay may last only 30 days. A third filing within a year might have no stay unless you have a compelling reason to convince the court otherwise.
- Court Scrutiny: Repeated filings can raise red flags. Courts may suspect “serial filing” (abusing bankruptcy to dodge creditors), which can lead to restrictions.
Working with a skilled attorney ensures your filing is timed right and maximizes your protection.
Tips for Filing Bankruptcy Again
If you’re considering a second (or third) bankruptcy, here’s how to be smart about it:
- Consult a Bankruptcy Attorney: A lawyer can review your prior filings, calculate waiting periods, and recommend the best chapter for your path to financial freedom.
- Complete Credit Counseling: You must take a credit counseling course within 180 days before filing, just like your first case.
- Address Non-Dischargeable Debts: Debts like student loans, alimony, or recent taxes often survive bankruptcy. A Chapter 13 plan can help manage these.
- Plan for Credit Recovery: Bankruptcy stays on your credit report for 7-10 years, but you can rebuild sooner by paying bills on time and using secured credit cards.
At Monohan & Monohan, we guide you through every step, from filing to rebuilding your financial life.
Is Filing Bankruptcy Again Right for You?
There’s no shame in needing a second chance. Bankruptcy is a legal tool to help honest people overwhelmed by debt, and the law allows multiple filings for a reason. But timing and strategy matter. Filing too soon or choosing the wrong chapter could limit your relief.
Wondering if you’re eligible to file again? Our team at Monohan & Monohan has decades of experience helping clients in Kentucky navigate bankruptcy. We’ll review your financial history, explain your options, and create a plan tailored to your goals.
Get Expert Help from Monohan & Monohan
Ready to explore your bankruptcy options? Whether it’s your first or fifth filing, Monohan & Monohan is here to help you regain control of your finances. Contact us today for a free consultation with one of our trusted bankruptcy attorneys. Let’s find the path to your fresh start together!
