There is no limit on the number of times you can file bankruptcy. But the Bankruptcy Code imposes waiting periods between discharge in one case and eligibility for discharge in the next. If you file too soon, you can still file the case -- you just will not receive a discharge, which defeats the purpose.
The Waiting Period Table
The timelines below are measured from the filing date of the prior case to the filing date of the new case. The clock starts on the day the earlier petition was filed, not the day the discharge was entered.
| Prior Case | New Case | Wait | Statute |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | 727(a)(8) |
| Chapter 7 | Chapter 13 | 4 years | 1328(f)(1) |
| Chapter 13 | Chapter 13 | 2 years | 1328(f)(2) |
| Chapter 13 | Chapter 7 | 6 years* | 727(a)(9) |
| Chapter 11 | Chapter 7 | See note | No specific bar |
| Chapter 12 | Chapter 13 | 2 years | 1328(f)(2) |
* The 6-year bar after Chapter 13 does not apply if you paid 100% of unsecured claims, or paid at least 70% of unsecured claims under a plan proposed in good faith with best effort.
What Is Section 1328(f)?
Section 1328(f) is the provision that blocks a Chapter 13 discharge if you received a prior discharge too recently. It was added by the 2005 BAPCPA amendments. If you filed Chapter 7 and received a discharge, you must wait 4 years before you can receive a Chapter 13 discharge. If you filed Chapter 13 and received a discharge, you must wait 2 years.
Our free 1328(f) screening tool checks this automatically against 4.9 million federal cases.
What Is Section 727(a)(8)?
Section 727(a)(8) bars a Chapter 7 discharge if you received a Chapter 7 discharge in a case filed within the preceding 8 years. This is the most common waiting period people encounter when filing bankruptcy a second time.
What If My Prior Case Was Dismissed?
A dismissal does not produce a discharge, so the waiting-period rules above do not apply. You can generally refile after a dismissal without waiting for the discharge clock to run. However, Section 109(g) may impose a 180-day refiling bar in certain circumstances, and the automatic stay in your new case may be limited.
Our data shows this matters. Analysis of 4.9 million federal bankruptcy cases reveals that an estimated 75,764 cases may involve Section 1328(f) timing violations -- cases where a discharge was granted despite the waiting period not having elapsed. No federal court currently screens for this automatically.
The "Chapter 20" Strategy
Some debtors file Chapter 7 first to discharge unsecured debts, then file Chapter 13 to deal with secured debts like a mortgage or car loan through a payment plan. This is informally called a "Chapter 20" (7 + 13). It is legal, but the Chapter 13 filing must wait 4 years to receive a discharge. Even without a discharge, the Chapter 13 can still be useful for restructuring secured debt through the plan.
Practical Considerations
- Automatic stay limitations. If you file a new case within one year of a prior dismissal, the stay lasts only 30 days unless you get a court extension. Two or more prior dismissals within the year means no automatic stay at all without a court order.
- Filing fees. You pay new filing fees each time you file. Chapter 7 is $338 and Chapter 13 is $313 (as of 2026).
- Credit counseling. You must complete a new credit counseling course before each filing and a financial management course before each discharge.
- Judicial scrutiny. Courts look more carefully at repeat filings. If there is a pattern of filing and dismissal, the court may find the new filing is not in good faith and dismiss it or limit the automatic stay.