How Often Can You File for Bankruptcy?
Key takeaways
- You can file for bankruptcy as many times as you want — but maybe not as often as you want.
- If you’ve already had a bankruptcy discharge of your debt, you may face a waiting period before you can file again.
- The waiting period can be anywhere from 2 to 8 years, depending on the type of bankruptcy you’ve filed before and the type you plan to file now.
Bankruptcy isn’t a magic wand. You might go through the entire process only to end up back where you started.
If so, know that there is no legal limit on how many times you can file for bankruptcy in the U.S. However, you may have to follow a waiting period, with the length depending on the type of your current and previous bankruptcy filings.
How often you can file for bankruptcy
While there is no limit to how many times you can file for bankruptcy, there are waiting periods between fillings in order to get a bankruptcy discharge of your debts.
On the other hand, you can still file for bankruptcy before the end of your waiting period to potentially receive an automatic stay, which temporarily stops creditors from taking action against you.
How often you can file for bankruptcy depends on three factors:
- Whether your last bankruptcy was dismissed or discharged
- What type of bankruptcy you filed last
- What type of bankruptcy you plan to file next
If your previous case was dismissed, you’ll have to wait 180 days.
If you received a discharge in your last bankruptcy, you typically have to wait six to eight years to file for Chapter 7 bankruptcy, or two to four years to file for Chapter 13, although there are exceptions.
The waiting period begins on the filing date of your last bankruptcy, not the discharge date. It’s important to check with a bankruptcy lawyer to figure out the specifics of your situation.
Typical wait times between bankruptcy filings
The waiting period between bankruptcies will depend on the type(s) of bankruptcy you filed last and the type you plan to file next, among other factors.
If you’re filing a Chapter 13 bankruptcy (where you don’t have to sell assets), the wait is less than if you plan to declare Chapter 7 bankruptcy (where you often do sell assets).
After filing Chapter 7
| You plan to file… | Waiting period |
|---|---|
| Another Chapter 7 | 8 years |
| Chapter 13 | 4 years |
After filing Chapter 13
| You plan to file… | Waiting period |
|---|---|
| Chapter 7 | 6 years or less* |
| Another Chapter 13 | 2 years |
*If you previously filed Chapter 13 but want to file for Chapter 7 this time, you might not need to wait at all if you:
- Paid off 100% of your unsecured debt from your previous Chapter 13 bankruptcy, or…
- Paid off at least 70% of your unsecured debt and you’re determined to have made your best effort to repay based on a plan that was proposed in good faith
Remember, this waiting period only applies if you received a discharge of any debts in your previous case and want to be eligible for a discharge of any debts in your current case.
What happens if your previous bankruptcy case wasn’t discharged
If you didn’t receive a discharge in your previous bankruptcy case, you can usually file again much sooner.
You may be able to refile immediately, particularly if your case was dismissed without prejudice.
You may need to wait 180 days from your last filing if your previous case was dismissed for one of the following reasons:
- On your own request after a creditor filed for relief from an automatic stay
- Due to a willful failure to abide by the orders of the court
The court gets the final say
Your ability to file for bankruptcy repeatedly is ultimately up to the court. If you’re filing over and over again to delay repaying your debt, the court might decide that you’re abusing the system and issue an order stopping you from filing another case.
Alternatives to filing for bankruptcy again
It can be hard to recover from bankruptcy. If you file again, the bankruptcy will stay on your credit report for another seven to 10 years.
Make sure you’ve consulted with a bankruptcy attorney and considered the pros and cons of filing for bankruptcy, as well as alternatives like these:
- Forbearance: This allows you to press pause on certain loan payments, although interest will still pile up. You may be able to request student loan forbearance or mortgage forbearance if you’re facing a sudden financial hardship, such as job loss or medical expenses.
- Balance transfer credit card: If you’re paying off credit card debt and you just need a lower interest rate to make your payments more manageable, consider transferring your balance to a less-expensive card. The best balance transfer credit cards come with a 0% intro APR, sometimes for up to 21 months. You’ll usually need good credit to qualify, and most of these cards charge high rates after the 0% period ends, so you’ll want to make sure you can repay your balance before those rates kick in.
- Debt management plan: This may be a good option for anyone with high-interest debt and a stable income who could make monthly payments if they were just a little lower. You’ll work with a credit counselor to develop a debt management plan, and they’ll negotiate with creditors on your behalf to get your fees, rates and monthly minimum payments down.
- Debt consolidation: If you’re doing fine paying off debt from a bunch of different creditors, but you struggle to keep track of them all, consolidating your debt into one monthly payment can help. If your credit is good enough to qualify for the best debt consolidation loans, you may even be able to lower your interest rate and monthly payments a bit. Just be careful of debt consolidation scams.
- Debt relief: Debt relief, sometimes referred to as debt settlement, means negotiating with creditors to settle your debt for less than what you owe. It’s worth considering if you truly can’t afford to pay off your debt, but keep in mind that debt settlement can damage your credit. Also, beware of debt relief companies that promise quick debt forgiveness, ask for a lot of money up front, contact you via automated unsolicited calls or claim they can remove accurate negative marks from your credit report — these might be scams.
Frequently asked questions
There’s no limit to how many times you can file for bankruptcy. However, if you want to be eligible to have your debts discharged, there may be a waiting period before you can file for bankruptcy again.
A total of 434,064 people (non-business) filed for bankruptcy in 2023. There were 452,990 total bankruptcy filings that year, including business filings. Total bankruptcy filings increased by 16.8% in 2023 compared to 2022, when 387,721 people filed for bankruptcy.
Bankruptcy cases don’t usually get denied, but applications can be denied or dismissed for a variety of reasons. When bankruptcy cases are dismissed, it’s often because of an incomplete filing, which may mean the filer made paperwork errors, didn’t obtain credit counseling or didn’t pay the filing fees.
Just because an application is accepted doesn’t mean the debts will be discharged. A bankruptcy discharge can be denied due to the debtor’s own misconduct or because the debtor hasn’t completed the required waiting period since the last time they filed for bankruptcy. That’s why it’s important to understand how often you can file for bankruptcy.
Finally, some debts aren’t dischargeable, such as most tax debt, student loan debt and child support.