How often can you file bankruptcy?

For most people bankruptcy is a one-time event, but there are situations where some one might need to file more than once. Since most people file bankruptcy in order to receive a discharge of their debt, this post is about how often someone is entitled to a discharge. Getting another discharge depends on what chapter of bankruptcy you previously filed in which you received a discharge of debts.

Chapter 7

If you had previously received a chapter 7 bankruptcy discharge you would have to wait 8 years from the date you filed the prior case to file for a chapter 7. If you file for chapter 13 after filing for chapter 7, you must wait 4 years before you are eligible for a discharge in Chapter 13. There is no waiting period to receive a chapter 11 or chapter 12 discharge after a Chapter 7.

Chapter 11

If you have previously successfully filed for chapter 11 bankruptcy and wanted to file for chapter 7, you would need to wait 8 years. There is no waiting period if you would like to file for chapter 11 or 12. However if you would like to file for chapter 13 you would need to wait 4 years.

Chapter 12

If you have previously successfully filed for chapter 12 bankruptcy and need a chapter 7 discharge, you must wait 6 years unless specific conditions are met. If you wanted to file for chapter 13, there is a waiting period of 4 years, however for chapter 11 and 12 there is no waiting period.

Chapter 13

If you have previously successfully filed for chapter 13 and need to file chapter 7, you must wait 6 years unless certain requirements are met. If filing chapter 13 you must wait 2 years. Lastly for chapter 11 or 12 there is no waiting period.

The rules are a little complicated so it is always best to consult an experienced bankruptcy attorney.