How Many Times Can I File For Bankruptcy?

This depends on the type of bankruptcy you file for.

A Chapter 7 bankruptcy petition:

• Can only be filed once every eight years. The eight years starts from the filing date, not the discharge date.
• Can be filed anytime after the completion of a Chapter 13 case if the unsecured creditors in that case were paid in full, or if they received at least 70 percent of their claims and the plan was proposed in good faith and represented your best effort. Otherwise, there is a six-year waiting period measured from the filing date of the Chapter 13 case.

A Chapter 13 bankruptcy petition:

• Can be filed anytime after the completion of a Chapter 7 case. Although, if it is filed less than four years after the Chapter 7 filing, the debtor will not be eligible for a discharge at the end of the case.
• An additional Chapter 13 bankruptcy petition can be filed anytime after the completion of a Chapter 13 case, but the debtor will not be eligible for a discharge if the new case is filed less than two years after the filing date of the earlier Chapter 13 case.

All of these scenarios assume that the first case was completed and discharged. If the first case was dismissed, as opposed to discharged, then there is generally no time bar to refiling. However, if the case was dismissed because you willfully failed to abide by an order of the court or to appear in proper prosecution of the case, or if you voluntarily dismissed the case after a creditor filed a motion for relief from the automatic stay, you cannot file again for 180 days.

If you have had a case dismissed within the last year, there may be some issues with refiling, depending on the circumstances. If you have this situation, contact our firm online, Schwartz Bankruptcy Law Center, to schedule a free initial consultation and discuss your situation and debt relief options.