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.
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.
Automatic Stay Limits
362(c)(3) -- One Prior Dismissal
Stay terminates after 30 days unless court extends it.
362(c)(4) -- Two+ Prior Dismissals
No stay takes effect without court order.
Check Your Eligibility
The free screener calculates your earliest eligible filing date.