How Often Can I File for Bankruptcy?

Many people considering bankruptcy wonder: how often can I file for bankruptcy? The short answer is: you can file more than once, but there are important timing rules, restrictions, and consequences. In this post, we’ll explain the limits under U.S. bankruptcy law, why timing matters, and when it makes sense to talk to an attorney at Audi Law.

Understanding the Waiting Periods

Bankruptcy law imposes “waiting periods” (or “time bars”) between successive filings. These vary depending on the chapters used in your prior and new filings:

• From prior Chapter 7 to a new Chapter 7: you generally must wait 8 years from the date you filed the earlier case.
• From prior Chapter 7 to a new Chapter 13: you typically wait 4 years.
• From prior Chapter 13 to a new Chapter 13: you must wait 2 years.
• From prior Chapter 13 to a new Chapter 7: the waiting period is usually 6 years, unless you’ve paid at least a certain percentage of your unsecured debts or met other criteria.

These rules are intended to prevent abuse of the system, and to ensure that bankruptcy remains a remedy of last resort.

What Triggers the Waiting Period?

The “clock” starts at the date of filing your prior bankruptcy case, not at the date of discharge (the court’s approval to wipe out certain debts). Even if your case was dismissed or converted, you may still face timing issues. Depending on your history and circumstances, you might not be eligible to receive a discharge in a subsequent case.

Also, certain debt types (like student loans, child support, or income taxes in some cases) don’t always go away under bankruptcy, so re-filing may not help with those obligations.

Are There Exceptions or Strategies?

Yes. In limited circumstances, the standard waiting periods can be shortened or avoided. For example:

• If you paid a large portion of your unsecured debts in a prior Chapter 13, you might qualify for Chapter 7 sooner.
• If your prior case was dismissed under certain conditions (e.g. procedural dismissal), the waiting period might not apply.
• In rare cases, hardship or compelling circumstances might affect eligibility.

Because bankruptcy law is complex and highly fact-sensitive, borrowers often benefit from legal guidance.

Why the Timing Rules Matter

Filing too soon can mean you are ineligible for a discharge, or that your new filing is dismissed. Worse, you might subject yourself to additional costs, stress, or procedural pitfalls. Understanding how long to wait helps you make better decisions about whether to refinance, settle, negotiate, or wait until you qualify for full bankruptcy relief.

Talk to Audi Law Before You File Again

If you’ve filed bankruptcy in the past and are wondering whether you can file again—now or soon, don’t guess. The team at Audi Law has deep experience in bankruptcy and debt relief. We can review your prior filing history, analyze the waiting periods, and plan the right path forward.

Call our Hershey office today at 717-707-5611 or contact us online via our website to schedule a consultation. Let us help you understand your options and pursue a fresh financial start.