Am I Legally Allowed to File Multiple Times? Rules for Repeat Filings
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If you’re considering filing for bankruptcy more than once, it’s essential to understand the legal rules surrounding repeat filings. This guide will clarify the waiting periods between discharges and explain how a bankruptcy attorney near you can help navigate the complexities of your situation.
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Learn about the rules for repeat bankruptcy filings and how long you must wait between discharges. Discover your options for filing multiple times with the guidance of a bankruptcy attorney near you.
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Flat vector illustration showing a person holding Chapter 7 and Chapter 13 documents with a calendar marking time gaps, guided by a bankruptcy attorney near you, illustrating rules for repeat bankruptcy filings.
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Mar 30, 2025 06:19 PM
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Am I Legally Allowed to File Multiple Times? Rules for Repeat Filings
It’s one of the most common questions people ask after filing bankruptcy: “Can I ever file again?” The answer is yes—but there are rules you need to understand before considering a second (or third) filing.
In this post, we’ll break down the legal guidelines for filing bankruptcy more than once, explain how long you must wait between filings, and clarify the difference between eligibility to file and eligibility to receive a discharge. If you’ve filed before and are wondering about your options, this guide is for you.
💡 For every post in this series, scroll down to “Related Posts.”
Myth: You Can Only File Bankruptcy Once in a Lifetime
Reality: You can file bankruptcy more than once—but there are time restrictions between discharges. Many people file multiple times in their lives, especially if they face unexpected setbacks like job loss, medical emergencies, or divorce.
Key Rule: Filing vs. Discharge
There’s no law preventing you from filing again. The real limit is on how often you can receive a discharge—the court order that wipes out your debts.
Let’s look at the waiting periods based on different combinations of prior and current filings:
Time Limits Between Bankruptcy Discharges
First Filing | Second Filing | Waiting Period Between Discharges |
Chapter 7 | Chapter 7 | 8 years from original filing date |
Chapter 7 | Chapter 13 | 4 years from original filing date |
Chapter 13 | Chapter 7 | 6 years from original filing date (unless 100% of unsecured debts were paid or 70% with good faith) |
Chapter 13 | Chapter 13 | 2 years from original filing date |
These are minimum time frames. You can file sooner if needed—but you may not be eligible for a discharge.
What If You Need Protection Sooner?
Sometimes people file a second bankruptcy before the waiting period ends—not to get another discharge, but to stop collections using the automatic stay (especially in cases of foreclosure or repossession). This is called a “Chapter 20” filing—filing Chapter 13 shortly after a Chapter 7 discharge.
However, courts scrutinize these cases, and you may not be protected by the full stay if you’ve filed multiple cases in a short period.
Why Repeat Filings Can Be Complex
Filing again can raise red flags with the court. Repeat filers may face:
- Limited automatic stay protections
- Increased trustee scrutiny
- Potential challenges from creditors
That’s why you need guidance from a bankruptcy attorney near you who understands how to structure your second filing properly.
How to Know If Filing Again Makes Sense
You should consider a repeat filing if:
- You’ve had a major life change (job loss, divorce, medical emergency)
- You’re facing foreclosure or car repossession
- You need time to catch up on mortgage or tax payments
A local bankruptcy lawyer near you can review your past case and advise whether you’re eligible for a new discharge—or whether another legal path is more appropriate.
ReferU.AI Can Help
ReferU.AI connects you with an experienced bankruptcy attorney near you who understands the rules for repeat filings, discharge eligibility, and how to protect you from creditor action while staying in compliance with court procedures.
Don’t guess—get smart legal advice from a professional who’s helped others in your exact position.