How Often Can You File Chapter 7 Bankruptcy? Waiting Periods, Rules, and What Happens If You File Too Soon
You can file Chapter 7 bankruptcy more than once, but federal law bars you from receiving a second discharge for at least eight years after your first filing date under 11 U.S.C. § 727(a)(8). There is no limit on how many times you can file a bankruptcy case in your lifetime. The frequency of your filings depends on how long it has been since your last bankruptcy case and the type of bankruptcy you previously filed. Filing too soon does not get your case thrown out — it just means you go through the entire process without getting any debts wiped out.
Quick Facts
| Field | Detail |
| Legal Term | Bankruptcy Discharge Bar |
| Governing Law | 11 U.S.C. § 727(a)(8) and § 109(g) |
| Chapter 7 After Chapter 7 | 8 years from prior filing date |
| Chapter 7 After Chapter 13 | 6 years from prior filing date (exceptions apply) |
| Chapter 13 After Chapter 7 | 4 years from prior filing date |
| Dismissed Case (no discharge) | Usually can refile immediately |
| Federal or State | Federal |
| Last Updated | May 12, 2026 |
How Long After Chapter 7 Can You File Chapter 7 Again?
You can file a second Chapter 7 in eight years — begin counting from the filing date of your previous Chapter 7. For example, if you filed Chapter 7 on August 1, 2018, you qualify for another Chapter 7 discharge if you file on or after August 1, 2026, under 11 U.S.C. § 727(a)(8).
One detail trips up almost everyone: the clock starts on the date the prior Chapter 7 case was filed, not the date the discharge was entered. The date the prior discharge was granted is irrelevant. This is a common mistake — counting eight years from the discharge date instead of the filing date adds three to six months to the waiting period unnecessarily. Always count from the original petition date.
Waiting Periods for Every Chapter Combination
The general rules under the Bankruptcy Code are: if your prior bankruptcy was Chapter 7 or 11 and your current filing is Chapter 7, you must wait eight years from the prior filing date under Section 727(a)(8). If your prior bankruptcy was Chapter 7 and your current filing is Chapter 13, you must wait four years from the prior filing date under Section 1328(f)(1). If your prior bankruptcy was Chapter 13 and your current filing is Chapter 7, no mandatory waiting period applies if 100% of claims were paid in the prior Chapter 13, or if at least 70% of claims were paid and the plan was proposed in good faith and represented the debtor’s best effort under Section 727(a)(9). Otherwise, the waiting period is six years.
For most people, the 70% exception is difficult to meet — most Chapter 13 plans pay creditors far less. But if you made aggressive payments during your plan, it opens a path to Chapter 7 without the full six-year wait.
What Happens If You File Chapter 7 Before the 8 Years Is Up?
This is the most important thing to understand before filing again. Filing before the waiting period expires is one of the costliest mistakes in consumer bankruptcy. The court will accept your petition and open the case, but you will be legally barred from receiving a discharge. That means you go through the entire process — including the potential liquidation of non-exempt assets by the bankruptcy trustee — with no debts wiped out at the end.
The automatic stay — the legal protection that stops creditor calls, lawsuits, and wage garnishment — also shrinks when you refile too quickly. If you file bankruptcy within one year of a previous bankruptcy, the automatic stay may be limited to 30 days from your filing date. If you file a third time within a year, no automatic stay may be enacted at all, although you may ask the court to impose one by showing sufficient cause.
Related article: Do I Qualify for Chapter 7 Bankruptcy? Income Limits, Means Test, and What Can Disqualify You
Can You File Again If Your Case Was Dismissed Without a Discharge?
A dismissed case and a discharged case are completely different situations. In most situations, if you did not receive a bankruptcy discharge the first time, you can file again and receive a discharge. But a 180-day waiting period may apply if you failed to obey a court order or voluntarily dismissed the case after a creditor filed a motion to lift the bankruptcy stay under 11 U.S.C. § 109(g).
If your case was dismissed simply because of a paperwork error or missed deadline — not a court violation — you can generally refile right away. Check your dismissal order carefully or speak with a bankruptcy attorney to confirm which rule applies to your situation.
Chapter 7 vs. Chapter 13 After a Prior Bankruptcy: Which Makes More Sense?
If you received a Chapter 7 discharge and face new debt before eight years is up, Chapter 13 is often the only path to a new discharge. You can file Chapter 13 just four years after a Chapter 7 discharge. Chapter 13 requires a 3–5 year repayment plan, but it can discharge debts that survived your previous Chapter 7 — like certain taxes and marital property obligations.
Some filers use a strategy called “Chapter 20” — filing Chapter 7 first to wipe out unsecured debts, then immediately filing Chapter 13 to handle secured debts like mortgage arrears or tax debt that Chapter 7 cannot touch. Some courts do not allow Chapter 20 filings, and the strategy can be difficult because your income must be low enough to qualify for Chapter 7 yet high enough to afford a Chapter 13 plan. Talk to a bankruptcy attorney before attempting this.
For a full breakdown of what Chapter 7 eliminates and how the process works from filing to discharge, see our guide on how Chapter 7 bankruptcy works. And for a plain-English explanation of what Chapter 7 actually means, read our article on what Chapter 7 bankruptcy means.
Frequently Asked Questions
How often can you file Chapter 7 bankruptcy and actually get debts discharged?
Once every eight years, measured from filing date to filing date under 11 U.S.C. § 727(a)(8). You can file more often, but without a discharge the filing produces no debt relief.
Does the 8-year clock start from when I filed or when my debts were discharged?
From when you filed — always. The date the prior discharge was entered is irrelevant. The clock starts and ends on filing dates, not discharge dates. Counting from the discharge date is the most common timing mistake repeat filers make.
Can I file Chapter 7 after a Chapter 13 bankruptcy?
Yes, but you must wait six years from the Chapter 13 filing date under 11 U.S.C. § 727(a)(9). The wait is waived entirely if your Chapter 13 plan paid 100% of unsecured creditors, or at least 70% in good faith.
What law governs how often you can file Chapter 7 bankruptcy?
The primary statute is 11 U.S.C. § 727(a)(8) of the U.S. Bankruptcy Code for Chapter 7 refiling limits, and 11 U.S.C. § 109(g) for the 180-day bar after a dismissed case.
Do I need a lawyer to refile Chapter 7 bankruptcy?
You are not legally required to hire one, but timing errors in repeat filings are extremely costly — you could lose non-exempt property with no discharge at the end. The U.S. Courts strongly recommend working with an attorney, especially for any case involving a prior bankruptcy history.
Does filing Chapter 7 a second time hurt your credit more?
Bankruptcies remain on your credit report up to 10 years from the filing date for Chapter 7. Re-filing a new bankruptcy before the first falls off your credit report can only prolong the damage. Lenders treat multiple bankruptcies as a significant red flag.
Disclaimer: This article is for general informational and educational purposes only and does not constitute legal advice. Laws vary by state and jurisdiction. For advice about your specific situation, consult a qualified attorney.
Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against 11 U.S.C. § 727 and § 109(g) (Cornell Law LII), U.S. Courts Bankruptcy Basics, and the Central District of California Bankruptcy Court FAQ. Last Updated: May 12, 2026.