For Chapter 7 bankruptcy filings, you must wait eight years from the filing date of your previous petition. Filing prematurely before those eight years have expired, you will not be granted a discharge. The eight years start counting from the date the prior Chapter 7 bankruptcy was filed.

Can I file bankruptcy a second time?

You can file for bankruptcy twice or even three times, even if you have received a discharge. If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy.

How many years between bankruptcies can you file?

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge.

How often can you file bankruptcy under the same chapter?

Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13. Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.

What’s the waiting period for a Chapter 7 bankruptcy?

In cases with extenuating circumstances, the waiting period in a Chapter 7 can be as short as two years after discharge. For a Chapter 13 bankruptcy, the waiting period is two years after discharge or four years after dismissal.

When to file Chapter 13 or chapter 20 bankruptcy?

A similar approach is to file a Chapter 13 case immediately after receiving a Chapter 7 discharge (a procedure informally referred to as a Chapter 20 bankruptcy). Again, a common reason to do so is to secure additional time to pay off nondischargeable debts, such as domestic support obligation arrearages.