Can You File For Bankruptcy More Than Once?

Filing for bankruptcy can offer powerful relief for individuals overwhelmed by debt, but sometimes a question arises: is it possible to file for Chapter 7 bankruptcy more than once? The answer is yes, but with strict limitations under federal bankruptcy law. 

The Bankruptcy Code establishes specific waiting periods and rules to prevent repeated use of bankruptcy as a quick fix for recurring financial problems. If you plan to file bankruptcy for the second time, you should seek dedicated bankruptcy consultation from an experienced Chapter 7 attorney.  

Can You File Chapter 7 Twice?

Yes, filing for Chapter 7 more than once is technically possible. However, whether you can receive a discharge (the court order that eliminates debt) depends on how much time has passed since your last discharge.

The 8-Year Waiting Period

Under 11 U.S.C. § 727(a)(8), if you previously received a Chapter 7 bankruptcy discharge, you must wait eight years from the previous filing date before you can receive another Chapter 7 discharge. This prevents individuals from repeatedly wiping out debt without a sufficient time gap.

Chapter 7 After Chapter 13 and Vice Versa

The rules differ depending on whether your previous bankruptcy was filed under Chapter 7 or Chapter 13.

Filing Chapter 7 After Chapter 13

If you previously received a Chapter 13 discharge, you must wait six years before filing Chapter 7, unless you repaid at least 70% of your unsecured debts in good faith during the Chapter 13 case. In those situations, the waiting period may not apply.

Filing Chapter 13 After Chapter 7

If you received a Chapter 7 discharge and want to file Chapter 13 afterward, the waiting period is four years. Many debtors use this strategy, sometimes called a “Chapter 20 bankruptcy,” to eliminate unsecured debt in Chapter 7 and then restructure secured debts (like a mortgage) under Chapter 13.

Situations Where Multiple Filings Occur

Debtors sometimes face circumstances that lead them to file for bankruptcy more than once:

• Job loss or reduced income after a prior discharge.
• Medical emergencies that create new overwhelming debt.
• Unexpected financial setbacks such as divorce, business failure, or economic downturn.
• Foreclosure defense, where filing is used to stop a sale and allow negotiation.

How Courts Handle Repeat Filings

Judges and trustees carefully review cases where debtors are repeating Chapter 7 bankruptcy filing. In a repeat bankruptcy case, courts may look for signs of bad faith, such as:

• Filing multiple cases only to delay foreclosure or collection without intent to complete the process.
• Hiding assets or failing to disclose income.
• Repeatedly dismissing and refiling to take advantage of the automatic stay.

In such cases, the bankruptcy court may:

• Deny a discharge
• Dismiss the case
• Bar the debtor from filing again for a specific time period

The Automatic Stay and Repeat Filings

One of the most powerful protections in bankruptcy is the automatic stay, which immediately halts creditor collection efforts. However, if you file multiple cases in a short period of time, the automatic stay is limited:

• If you had one prior bankruptcy case dismissed within the past year, the stay lasts only 30 days unless you request an extension.
• If you had two or more cases dismissed within the past year, no automatic stay goes into effect unless you specifically ask the court for it.

This rule, under 11 U.S.C. § 362(c)(3)-(4), prevents abuse of bankruptcy as a way to repeatedly stall creditors.

Alternatives to Chapter 7 Bankruptcy

If you are not yet eligible for another Chapter 7 discharge, you may consider other debt relief options:

• Chapter 13 Bankruptcy: Allows you to repay debts over three to five years and may help protect assets like a home or vehicle.
• Debt Settlement: Negotiating directly with creditors to reduce balances or arrange lump-sum payments.
• Debt Management Plans: Working with credit counseling agencies for debt consolidation or other ways to reduce interest.

Long-Term Consequences of Multiple Bankruptcies

Chapter 7 bankruptcy limitations and consequences when you are filing more than once may include: 

• Credit Impact: Each filing lowers your score, making it harder to qualify for credit, mortgages, or even rental housing.
• Public Record: Bankruptcy filings are public and remain on your credit report for years, which may have an impact on your long-term financial situation.
• Difficulty Rebuilding Credit: Lenders may view repeat filers as high risk, leading to higher interest rates and stricter approval criteria..

Considering the consequences, careful planning is essential before filing for a second bankruptcy. A seasoned bankruptcy lawyer may also help you explore other strategic approaches to get your debts discharged or manage your unpaid credit card bills, medical bills, and other debts.

Practical Example: Second Filing Scenario

Suppose you previously filed Chapter 7 in 2019 and received a discharge. If you are facing new financial struggles (such as high credit card debt) in 2025, you cannot file for Chapter 7 again until 2019 plus 8 years. This means 2027 is the earliest year you may become eligible. Until then, Chapter 13 bankruptcy with a repayment plan, or alternative debt relief or financial recovery strategies may be more practical.

Get Legal Guidance from Our Experienced Bankruptcy Attorney

Facing overwhelming debt more than once can feel discouraging, but you do not have to go through the bankruptcy process alone. At DebtPros, our bankruptcy attorneys provide clear guidance on whether you qualify for Chapter 7 again, how the waiting periods affect your case, and what alternatives may offer immediate financial relief. 

We also help protect your assets through exemptions, negotiate with creditors, and create strategies that fit your long-term financial goals. If you are worried about repeat bankruptcy filings or exploring whether Chapter 13 is a better option, our experienced legal team is here to assist every step of the way. 

To schedule your free consultation, call us at (312) 847-3475 or contact us online.