How Often Can I File for Bankruptcy in Pennsylvania?

When facing overwhelming debt, many people wonder: How often can I file for bankruptcy? The short answer is: there’s no strict lifetime cap on how many times you can file. But under federal bankruptcy law, there are waiting periods and restrictions depending on which chapter you file, and those rules apply to debtors in Pennsylvania just as in other states.

No Absolute Limit, But Timing Matters

You may file for bankruptcy more than once in your life. However, if your prior case resulted in a discharge (i.e., the court wiped out qualifying debts), you will often have to wait a specific period before receiving another discharge. If your prior case was dismissed without a discharge, the waiting periods typically do not apply, though there can be special circumstances or court rules that delay refiling.

Waiting Periods by Chapter in Pennsylvania

The waiting periods vary depending on which chapter you filed before and which chapter you want to file now:

• Chapter 7 → Chapter 7: If you received a discharge in your earlier Chapter 7 case, you must wait 8 years from the filing date of that prior case before you can receive another Chapter 7 discharge.
• Chapter 13 → Chapter 13: If you obtained a discharge in a prior Chapter 13, then you generally must wait 2 years from the date of your initial filing before you’re eligible for another Chapter 13 discharge.
• Chapter 7 → Chapter 13: If you previously filed Chapter 7 (with discharge), you can file for Chapter 13 immediately (the next day), though eligibility and plan terms depend on your income and debts.
• Chapter 13 → Chapter 7: If you previously filed Chapter 13 and got a discharge, you must wait 6 years from the prior filing date before you’re eligible for a Chapter 7 discharge—unless you met certain exceptions (paid all unsecured debts or paid 70%+ in good faith).

Please note that waiting periods are measured from the filing date of the earlier case, not the discharge date.

Pennsylvania Considerations

Because bankruptcy is filed under federal law, these timing rules apply nationwide (including Pennsylvania). That said, some procedural details and exemptions do vary by state. In Pennsylvania, for example, you can choose to use either Pennsylvania’s state exemptions or the federal bankruptcy exemptions when protecting your assets.

You must also satisfy residency requirements and exemption rules when filing in Pennsylvania. Generally, you must have lived in the state for a specific period (or meet the tests related to multiple states) to use Pennsylvania-based exemptions.

Moreover, filing too frequently can trigger limits on the automatic stay (i.e., the immediate protection from creditor actions). For instance, if you file another case within one year of a prior dismissal, the stay may only last 30 days, unless you can convince the court that your filing is made in good faith.

What Should You Do?

Due to the complex rules and the interplay with Pennsylvania’s exemption choices and procedural nuances, it’s essential to work with an experienced bankruptcy lawyer. At Audi Law, our Pennsylvania bankruptcy attorneys can evaluate your past cases, your current financial situation, and advise you on when and how to file again to maximize protection and minimize risk.

If you’re considering a second (or third) bankruptcy — or simply want to confirm your eligibility — contact Audi Law today for a consultation. We’ll help guide you through timing, eligibility, and strategy under Pennsylvania’s legal landscape.