- There is no limit to how many times you can file for bankruptcy, but there is a waiting period.
- You must wait two to eight years, depending on what you filed previously and what you're filing now.
- If your bankruptcy case was dismissed due to fraud, you'll have to wait 180 days before refiling.
A bankruptcy is a helpful lifeline if you're drowning in debt, though it will significantly damage your credit score and ability to borrow money for years.
Ideally, you want to avoid filing for bankruptcy at all, let alone more than once. However, multiple filings from one individual aren't unheard of. Financial hardships can reoccur and can lead to the need to file bankruptcy again. If you already went through bankruptcy proceedings and feel you may be headed for another, you'll need to know if and when it's possible to file again.
When filing for bankruptcy, a filer receives a discharge of debts included in the bankruptcy, meaning that they are no longer responsible for paying that debt off. Although there are no restrictions on how often you can file for bankruptcy, there are restrictions on how often you can receive a discharge.
How often can you file for bankruptcy?
There is no limit to how many times you can declare bankruptcy, but you are limited in how often you can file and receive a discharge. The length of the waiting period between bankruptcy filings depends on what type of bankruptcy you previously filed and what type you intend to file now.
Barring extenuating circumstances, the two bankruptcy chapters generally available to an individual filer are Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves selling any non-exempt assets to pay off your debts, a process that can take four to six months. Chapter 13 bankruptcy lets you retain your assets while following a debt repayment plan, typically over three to five years.
Here are the waiting periods for all combinations of individual bankruptcy filings. The clock starts on the filing date of your previous case.
| Filing order | Waiting period |
| Chapter 7 then Chapter 7 | 8 years |
| Chapter 7 then Chapter 13 | 4 years |
| Chapter 13 then Chapter 7 | 6 years |
| Chapter 13 then Chapter 13 | 2 years |
If the courts dismiss your bankruptcy proceeding without prejudice (meaning without suspicion of fraud), you can refile immediately or file a motion for reconsideration. However, if a judge dismissed your case with prejudice or you voluntarily dismissed the case, you'll have to wait 180 days before filing again. During this period, creditors can continue their collection attempts.
Not everyone is eligible for Chapter 7 bankruptcy; you must pass a means test. Filers who make less than their state's median income automatically pass. If your income exceeds this threshold, the more disposable income you have, the worse your odds are. Ineligible Chapter 7 filers can convert their case to Chapter 13.
Important considerations about filing for bankruptcy
Your financial situation
Filing for bankruptcy isn't a decision you should take lightly, especially if you've already filed once before. Adrienne Hines, a bankruptcy attorney at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, recommends asking yourself the following questions:
- Are you overwhelmed with your debt?
- Are you losing sleep at night worrying about paying credit cards, medical debt, or personal loans?
- Are you in over your head with a car or a home that you can no longer afford?
Alternatives to bankruptcy
Even if these situations fit your scenario, before declaring bankruptcy, Scott Glatstian, an attorney at Rosenblum Law, recommends looking at bankruptcy alternatives like debt settlements or credit counseling.
You can read our full guide on the best debt settlement and debt management services.
"Bankruptcy should be viewed as a financial tool rather than a sign of defeat," Hines says. "If understood and approached timely, it can prevent the deterioration of one's financial health. By removing the stigma surrounding debt and bankruptcy, individuals might find it easier to seek solutions and safeguard their financial future."
Factors to consider before refiling
Though you can file this often, you should carefully consider it due to the impact declaring bankruptcy has on your credit score.
Impact on your credit
According to Lamine Zarrad, CEO and founder of personal finance and credit-building tool StellarFi, filing for bankruptcy can cause your credit score to drop 100 to 200 points, possibly more, depending on how high your credit score was pre-bankruptcy. Regardless of the type of bankruptcy you file, "multiple bankruptcies will make it harder for you to achieve financial stability, access loans for a home or car, get approved for a credit card, and more," says Zarrad.
While Chapter 7 and Chapter 13 bankruptcies will have the same effect on your credit score, creditors may view a Chapter 13 bankruptcy more favorably.
Bankruptcies on your credit report will continue affecting your credit for years. A Chapter 7 bankruptcy will stay on your credit report for 10 years, while a Chapter 13 bankruptcy will fall off after seven years. However, bankruptcy can also save you from accruing more debt and help you in the long term.
You can also take steps to improve your credit score after filing for bankruptcy to avoid another. The Federal Trade Commission recommends implementing changes to your financial habits such as paying your bills on time, whittling down your debt, and avoiding taking on more debt, if possible. Be wary of any person or organization that claims they can remove the bankruptcy from your credit report, as this is likely a scam.
No discharge doesn't mean you shouldn't file
If you find yourself in a situation where you need to refile before the waiting period to receive a discharge has been met, it doesn't mean that you cannot file. It does mean that if you file too soon after you wiped out debts from your old bankruptcy case you won't be eligible for another debt discharge in your new case. It might still make sense to file in certain situations, such as if you need the automatic stay which offers temporary relief from creditors.
"Bankruptcy is an amazing tool to help individuals get out of unmanageable debt, and it's often overlooked or stigmatized in an unfortunate way that may lead some people away from filing even though there would be a clear benefit to them," says Glatstian. "Nevertheless, filing for bankruptcy — once or multiple times — is going to have a significant impact on your life for years to come."
Frequently asked questions about how often you can file for bankruptcy
Yes, you can file Chapter 13 after Chapter 7 bankruptcy, but you must wait at least four years after the discharge of your Chapter 7 to file Chapter 13.
If you file for multiple bankruptcies successfully, you may have trouble getting a loan or credit card in the future. If you file unsuccessfully multiple times, you may not be granted an automatic stay unless you can prove you're filing in good faith.
If your previous bankruptcy case was dismissed, it will not affect your waiting period to file again.
