How Often Can You File Bankruptcy?

Filing for bankruptcy can give you the fresh start you need—but what if you’ve filed before and find yourself in financial trouble again? How often can you file bankruptcy?

You can file bankruptcy multiple times, but you must wait a specific number of years between discharges depending on the type of bankruptcy filed previously and the type you plan to file next.

At Kostopoulos Bankruptcy Law, we’ve helped thousands of individuals and families across Michigan and Illinois understand their rights and timelines for debt relief. In this guide, we’ll explain how often you can file bankruptcy and what it means for your future.

What Are the Rules for Filing Bankruptcy More Than Once?

While there’s no limit to how many times you can file for bankruptcy, there are time restrictions between discharges. These waiting periods are critical to understand because filing too soon could make you ineligible for another discharge.

Key Rules:

There is no lifetime cap on bankruptcy filings
You must wait a set number of years between successful discharge cases
The time between filings depends on the chapter types involved

Knowing the timing can prevent wasted filings and increase your chance of relief.

How Often Can You File Chapter 7 Bankruptcy?

You can file Chapter 7 bankruptcy once every 8 years, measured from the filing date of your last Chapter 7 case.

This waiting period applies if:

You previously filed Chapter 7 and were granted a discharge
You want to file Chapter 7 again

Attempting to file before 8 years have passed will likely result in a denial of discharge.

Can You File Bankruptcy Every 8 Years?

You can file Chapter 7 bankruptcy every 8 years, assuming you received a discharge in your last Chapter 7 case.

This rule ensures responsible use of bankruptcy protections and helps prevent strategic abuse of the court system.

If financial hardship persists after 8 years, refiling may be a valid option.

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How Often Can You File Chapter 13 Bankruptcy?

You can file Chapter 13 bankruptcy as often as needed, but you must wait 2 years between filings to receive another discharge.

Chapter 13 cases often span 3–5 years, and the 2-year rule makes it possible to file again if you need additional help after your case closes.

This flexibility is why Chapter 13 is sometimes called the “reorganization plan for repeat filers.”

How Long Between Chapter 7 and Chapter 13 Bankruptcy?

If you received a Chapter 7 discharge, you must wait 4 years before filing for Chapter 13 and obtaining a discharge.

This timeline applies when:

Your previous case was Chapter 7
Your new case is Chapter 13

Filing sooner may be possible, but you won’t receive a discharge, which limits your relief.

This type of strategic filing is sometimes referred to as a “Chapter 20.”

How Long Between Chapter 13 and Chapter 7 Bankruptcy?

You must wait 6 years after a Chapter 13 discharge to file for Chapter 7, unless you repaid at least 70% of your unsecured debts in good faith.

This rule discourages using Chapter 13 to delay debt payments, only to seek full discharge through Chapter 7 shortly after.

There are exceptions, so a lawyer should evaluate your repayment performance before filing again.

Comparing Bankruptcy Filing Time Limits

First Filing Type	Second Filing Type	Wait Time for Discharge
Chapter 7	Chapter 7	8 years
Chapter 13	Chapter 13	2 years
Chapter 7	Chapter 13	4 years
Chapter 13	Chapter 7	6 years (with exceptions)

Understanding these intervals is essential to maintaining eligibility for a fresh start.

How Long Between Bankruptcies Can You File Again?

The waiting period between bankruptcies depends on the chapter filed previously and the chapter you intend to file next—ranging from 2 to 8 years.

For example:

Chapter 7 to Chapter 7: 8 years
Chapter 13 to Chapter 13: 2 years
Chapter 7 to Chapter 13: 4 years
Chapter 13 to Chapter 7: 6 years (with exceptions)

Always calculate from the date of filing—not discharge.

What Is the 3-Year Rule for Bankruptcy?

The “3-year rule” typically refers to the lookback period for income in the bankruptcy means test, not the refiling timeline.

It may also apply to tax debt dischargeability—certain tax debts may be discharged if:

The tax return was due at least 3 years ago
The return was filed at least 2 years ago
The tax was assessed at least 240 days ago

These rules help determine if older tax debts qualify for discharge in bankruptcy.

Can You File Bankruptcy Without Getting a Discharge?

Yes, you can file bankruptcy again without receiving a discharge, but it limits the benefits of filing.

Common reasons include:

Using Chapter 13 to stop foreclosure or repossession
Paying off secured debts over time (e.g., car loans)

Even if you’re ineligible for a discharge, bankruptcy may help manage immediate creditor actions.

Can Filing Bankruptcy Too Often Hurt You?

Filing bankruptcy too frequently can lead to court scrutiny, loss of automatic stay protections, or case dismissal.

Risks of Frequent Filings:

Judges may view repeated filings as abusive
You could lose your right to stop creditor collections
You might be barred from refiling for a period of time

Legal advice is crucial before refiling to avoid costly mistakes.

Is There a Limit to How Many Times You Can File Bankruptcy?

No. You can file bankruptcy as many times as needed, but there are waiting periods for discharge eligibility.

The court may scrutinize multiple filings to prevent abuse. While you can file again, only filings made after the applicable wait time will result in a discharge.

Multiple filings without proper timing can be dismissed or denied.

Talk to a Bankruptcy Attorney Before Filing Again

Before refiling for bankruptcy, consult with an experienced attorney to determine:

Your eligibility based on timing and past discharge
Whether you can receive a new discharge
Which chapter will give you the most relief

Kostopoulos Bankruptcy Law provides strategic bankruptcy guidance tailored to your financial history.

Call (877) 969-7482 now for a free, confidential consultation.

At Kostopoulos Bankruptcy Law, we help clients across Michigan and Illinois file effectively, protect their assets, and get the debt relief they need. There’s no fee unless we file for you.

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FAQs About Filing Bankruptcy Again

Can I file bankruptcy more than twice?

Yes. There’s no limit to how many times you can file—only limits on how often you can receive a discharge.

Can I file Chapter 13 right after Chapter 7?

Yes, however, you must wait 4 years from the filing date of your Chapter 7 case before you can obtain a discharge in Chapter 13.

What if I filed Chapter 13 but didn’t complete the plan?

You may still be able to file again, but whether you’re eligible for a discharge depends on why the case was dismissed.

Can I refile bankruptcy if my last case was dismissed?

Yes. You can usually refile, but if your case was dismissed with prejudice, you may have to wait or seek court approval.

Will multiple bankruptcies affect my credit forever?

No. Chapter 7 stays on your credit for 10 years and Chapter 13 for 7 years. After that, they no longer affect your credit report.