Quick Answer
Yes, you can file bankruptcy again, but waiting periods apply. Chapter 7 after Chapter 7: 8 years. Chapter 13 after Chapter 7: 4 years. Chapter 13 after Chapter 13: 2 years. Chapter 7 after Chapter 13: 6 years. All periods run from filing date to filing date. See the complete timing chart.
Can You File Bankruptcy Again?
Yes - but when and how depends on your prior case. The Bankruptcy Code imposes different waiting periods depending on which chapter you filed, which chapter you want to file now, and how your prior case ended. If you need to start the process, see our step-by-step filing guide. Repeat filers should also consider tax debt in repeat filings, as unpaid taxes may survive discharge.
Discharge Bars - Waiting Periods
| Prior Case | New Case | Wait | Statute |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | 727(a)(8) |
| Chapter 7 | Chapter 13 | 4 years | 1328(f)(1) |
| Chapter 13 | Chapter 7 | 6 years* | 727(a)(9) |
| Chapter 13 | Chapter 13 | 2 years | 1328(f)(2) |
* Exception if prior Ch.13 paid 100% or 70%+ in good faith with best effort.
Key: Measured from filing date to filing date. Prior discharge must have been received.
Filing Bars
Section 109(g) - 180-Day Bar
Applies if prior case dismissed for willful failure to obey court orders, or voluntarily dismissed after a stay relief motion. The dismissal rate by district varies widely and may affect how courts view your refiling.
Automatic Stay Limits
362(c)(3) - One Prior Dismissal
The automatic stay protection in bankruptcy terminates after 30 days unless court extends it.
362(c)(4) - Two+ Prior Dismissals
No stay takes effect without court order.
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Related Resources
Section 727(a)(8) eight-year discharge bar - 8-year bar between Chapter 7 discharges
Section 109(g) filing bars - 180-day filing bar
1328f.com - Free discharge screener
Related Guides
Browse by State: Bankruptcy Refile Timing by State
State-specific rules, federal court data, and practical guidance for every state and DC. 51 pages total.