Money & Debt

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Bankruptcy waiting periods

There are rules about how often you can file for bankruptcy. The length of time depends on whether you filed a bankruptcy petition under Chapter 7 or Chapter 13.

Note: There are special rules for filing bankruptcy when you've already filed before. You should talk to a lawyer if this applies to you. If you have filed bankruptcy before, you might not be able to receive a discharge in your current Chapter 7 or Chapter 13 case. There may also be restrictions on the automatic stay.

Chapter 7

After you receive a Chapter 7 discharge, you must wait 8 years from the date your earlier case was filed before you can file another Chapter 7 bankruptcy.  

If you previously received a discharge in Chapter 13, you generally must wait 6 years from the date your earlier Chapter 13 case was filed before you can receive a discharge in a Chapter 7 bankruptcy. There are exceptions to this rule if the payments made under your Chapter 13 plan paid all or most of the allowed unsecured claims in the case.  

Chapter 13

If you do not meet the requirements for a Chapter 7 discharge, you might be able to receive a discharge in a Chapter 13 case. If you are considering filing a Chapter 13 bankruptcy, you should talk with a lawyer.

If you received a discharge in a Chapter 7 bankruptcy less than 4 years before, you will not be allowed to get a discharge in the current Chapter 13 case. If you received a discharge in a Chapter 13 bankruptcy in the last 2 years, you will not be allowed to get a discharge in the current Chapter 13 case. However, it may not be necessary to get a discharge. If you are paying off the debts in full, a discharge may not be necessary. You should discuss with a lawyer.

Last full review by a subject matter expert
July 25, 2022
Last revised by staff
July 25, 2022

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