If you have ever filed for bankruptcy in the past, the good news is that if you need to resort to bankruptcy protection from creditors again, federal law does not limit how often you can file bankruptcy.
However, this ability to file more than one time is not unrestricted. The United States Bankruptcy Code imposes some time period limits on how soon after one bankruptcy you can file for another. This post covers the rules that apply to filing for bankruptcy more than once.To ensure you make informed decisions, contact an experienced Stone Rose Bankruptcy Attorney today who can provide expert guidance.
The time you must wait before filing for a subsequent bankruptcy depends on what kind of bankruptcy protection you used the previous time.
Here is a table that shows the applicable waiting periods:
| Prior Bankruptcy | New Bankruptcy | Waiting Period |
| Chapter 7 | Chapter 7 | Eight years |
| Chapter 7 | Chapter 13 | Four years |
| Chapter 13 | Chapter 13 | Two years |
| Chapter 13 | Chapter 7 | Six years |
The calculation clock starts on the day you filed the previous bankruptcy case. Discharge dates of prior bankruptcies do not matter for this purpose.
These time limits refer only to bankruptcies in which you have received a discharge of your debts.
For example, if you filed for Chapter 7 bankruptcy on July 1, 2024, you would not be able to file for a subsequent Chapter 7 before July 1, 2032 (eight years) or for Chapter 13 bankruptcy until July 1, 2028 (four years).
In addition to the required waiting period, your ability to file for bankruptcy again may be subject to some additional restrictions and considerations.
Not all bankruptcy filings lead to a discharge of all debts. This may lead you to resort to Chapter 13 bankruptcy if a prior Chapter 7 bankruptcy did not discharge some of your debts like child support or spousal support obligations.
The reasoning behind this approach is that the time periods in the table above apply to how long you must wait to discharge debts through a subsequent bankruptcy. The waiting period must expire before you can qualify for more debt forgiveness.
But if your goal is not to discharge a non-dischargeable debt in a subsequent bankruptcy but rather to put it into a Chapter 13 repayment plan, then filing for Chapter 13 immediately after all the eligible Chapter 7 debts have been discharged might allow more time to pay off non-dischargeable debts.
This one-two approach to refile immediately via Chapter 13 immediately after Chapter 7 is sometimes unofficially referred to as “Chapter 20 bankruptcy.”
Not all state bankruptcy district courts allow this procedure. Another hurdle is that your income must be low enough to qualify for Chapter 7 but still high enough to pay off a Chapter 13 debt repayment plan.
Whether it is possible to use a “Chapter 20” in Arizona is something to discuss with an experienced bankruptcy lawyer. This is especially true if the subsequent Chapter 13 bankruptcy petition is filed less than four years after the first Chapter 7 filing date.
Sometimes, a bankruptcy court might dismiss your bankruptcy case without discharge. This can happen for a variety of reasons. In such an event, you may have to observe a 180-day waiting period before filing for bankruptcy again, and you may not be able to discharge debts in the following bankruptcy that the bankruptcy court did not discharge in the previous case.
Another consideration in this case is that you might not be able to make full use of the bankruptcy automatic stay if you file a second bankruptcy petition immediately after the first one.
In some cases, you may be able to file for Chapter 7 bankruptcy after a previously filed Chapter 13 bankruptcy without waiting for the full six years like you normally would need to. This might be the case if:
The ability to declare bankruptcy more than once can be advantageous in helping people achieve a fresh start and succeed in their personal lives and their businesses, which is why the federal government allows it.
However, even a single bankruptcy has consequences, such as difficulty obtaining credit. Having more than one bankruptcy on your credit report can further complicate your life. But for many people, the long-term benefits of getting out from otherwise crushing debts often outweigh the temporary negative effects of bankruptcy debt relief.
As we have shown, filing bankruptcy more than one time involves more considerations than just calculating how long you ordinarily have to wait between filings.
An experienced bankruptcy attorney can help you understand your debt discharge options if you have already filed for bankruptcy, including credit counseling or whether another bankruptcy is right for you.
To learn more, call Stone Rose Law at (480) 739-2448 or contact us online to communicate with a quality Arizona bankruptcy lawyer.
