Yes, You Can File Again
There is no limit on how many times you can file bankruptcy. But there are waiting periods between discharges. Filing without understanding these periods can result in going through the entire process -- paying fees, attending hearings, making plan payments -- only to be denied a discharge at the end.
Discharge Waiting Periods
Chapter 7 after Chapter 7: 8 years (Section 727(a)(8)).
Chapter 7 after Chapter 13: 6 years (Section 727(a)(9)), unless your prior plan paid 100% of unsecured claims or 70% with good faith/best effort.
Chapter 13 after Chapter 7: 4 years (Section 1328(f)(1)).
Chapter 13 after Chapter 13: 2 years (Section 1328(f)(2)).
All periods measured from filing date to filing date -- not discharge date. Full discharge bar guide.
Filing Bar vs Discharge Bar
You can file bankruptcy at any time with one exception: Section 109(g) imposes a 180-day filing bar after certain dismissals. But filing without discharge eligibility means you get the automatic stay temporarily but no debt relief. Learn about the 180-day bar.
Automatic Stay Limits
Section 362(c)(3): If you filed and had a case dismissed within the prior year, the stay expires after 30 days unless you file a motion to extend.
Section 362(c)(4): If you had 2 or more cases dismissed within the prior year, you get NO automatic stay at all unless you file a motion. Serial filing guide.
Screen Your Eligibility
The free screener at 1328f.com cross-references your prior filing dates against 4.9 million federal bankruptcy cases to determine whether a discharge bar applies. It covers all four timing combinations and takes 30 seconds.
Check your eligibility now
Free 1328(f) Screener