What Is the Time Requirement to File a Second Bankruptcy?

You generally must wait six to eight years before filing a second bankruptcy.

Bankruptcy is a limited legal remedy that is generally only available once every several years. Federal law does not generally allow debtors to file bankruptcy each year. The time limitation that must be met before you can file a second bankruptcy depends on which type of bankruptcy you already filed and also on which type of bankruptcy you want to file the second time around.

Previous Chapter 7

If you have previously filed for Chapter 7 bankruptcy then you must wait at least eight years before you can file another Chapter 7 bankruptcy. The eight years are counted from the date of filing the old Chapter 7 to the date of filing the new Chapter 7. It is irrelevant when your first Chapter 7 actually ended. Or, if you want to file a Chapter 13 the second time around then you must wait at least four years from the date of filing the first Chapter 7.

Previous Chapter 13 with a Discharge

Some Chapter 13 bankruptcy plans include a debt discharge, while others do not. The time limits vary depending on whether your previous Chapter 13 included a debt discharge. If you previously filed Chapter 13 bankruptcy and received a debt discharge as part of that proceeding then you must wait at least six years before filing for Chapter 7, or at least two years before filing another Chapter 13. However, in either case, if you have repaid at least 70 percent of your unsecured creditors under your Chapter 13 plan then you can file for a second bankruptcy regardless of how much time has passed.

Previous Chapter 13 with no Discharge

If you previously filed for Chapter 13 but did not receive a debt discharge in connection with that Chapter 13, then there is no limitation on when you can file a second Chapter 7 or Chapter 13. Similarly, if you want to file for a second Chapter 13 bankruptcy and you will not request a debt discharge under that Chapter 13 plan, then you can file for Chapter 13 immediately regardless of how much time has passed since the previous Chapter 13 or Chapter 7. The key is that you cannot obtain a debt discharge more than every six to eight years.

Previous Dismissal

One other important time limitation can preclude you from filing a second bankruptcy. You cannot file for Chapter 7 bankruptcy if, within the past 180 days, your previous Chapter 7 or Chapter 13 bankruptcy was dismissed because you violated a court order or because you requested a dismissal after a creditor asked for relief from the automatic stay. Basically, if you have violated a court order and, as a result, had a bankruptcy case dismissed within the past half year then you can't file for bankruptcy until at least 180 days have passed.

References

• "The New Bankruptcy: Will It Work For You?"; Stephen Elias; 2009
• U.S. Courts.gov: Chapter 13 Bankruptcy Basics
• U.S. Courts.gov: Chapter 7 Bankruptcy Basics