How Often Can You File Chapter 7 Bankruptcy?

Under the United States Bankruptcy Code, no limit exists on how many times you can declare bankruptcy under Chapter 7. You are, however, subject to time restrictions on how soon you can file for Chapter 7 after you have filed for a prior Chapter 7 or Chapter 13 bankruptcy.

In this post, we consider the factors that determine how often you can file for Chapter 7 bankruptcy and the minimum time periods that may apply.

If you’d like to file for Chapter 7 bankruptcy, call Stone Rose Law at (480) 739-2448 or use our contact form to start your journey to financial freedom.

How Soon Can You File for Chapter 7 Bankruptcy After a Prior Bankruptcy?

The two most common situations in which you might need to file for Chapter 7 after making use of bankruptcy protection before are when you filed for an earlier Chapter 7 or a Chapter 13.

When you can file for Chapter 7 after a prior bankruptcy depends on three factors:

• Whether your last bankruptcy was discharged or dismissed
• The kind of bankruptcy you filed before
• The kind of bankruptcy you plan to file for now

What if My Previous Bankruptcy Was Not Discharged?

If you did not receive a discharge in your prior bankruptcy, you can usually file again much sooner than you would otherwise.

• You may be able to refile immediately if your case was dismissed without prejudice.
• You may need to wait 180 days from your last filing if your previous case was voluntarily dismissed on your own request after a creditor filed for relief from an automatic stay or because of a willful failure to abide by the bankruptcy court’s orders.
• If the bankruptcy court denied your discharge in your previous case, you may be able to file for Chapter 7 again later, but in this situation, you will likely not be able to discharge the debts you listed in that previous case.

What if My Previous Bankruptcy Resulted in a Discharge?

If your first bankruptcy case resulted in debt discharge, then the following time limits apply:

The waiting period begins on the filing date of your last bankruptcy, not the discharge date.

Are There Any Exceptions to the Waiting Periods for a Subsequent Chapter 7?

If your prior bankruptcy was a Chapter 13, you might not need to wait for the entire four-year period to be eligible for Chapter 7 if you:

• Paid back 100% of your unsecured debt from your previous Chapter 13 bankruptcy; or
• Paid back at least 70% of your unsecured debt and made your best effort to repay based on a debt repayment plan you proposed in good faith.

Another consideration is that you will still need to ensure you qualify for Chapter 7 bankruptcy, including whether you must pass the bankruptcy means test.

Why Choose Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is also known as “fresh start” bankruptcy, and for good reason.

• It can offer you a way to get out of crushing debts, both secured and unsecured, by discharging those debts.
• Through its automatic stay, Chapter 7 will stop your creditors from pursuing you for past-due and unpaid debts, from turning you over to collection agencies, and from wage garnishment.

Compared to other forms of bankruptcy, like Chapter 13, Chapter 7 is the fastest form of debt relief. It usually takes only four to six months from filing your petition to the date the bankruptcy judge signs your court order of discharge.

Talk to A Phoenix Bankruptcy Lawyer Today

If you have previously filed a Chapter 7 or Chapter 13 bankruptcy and are considering filing for Chapter 7 again, call the Stone Rose Law before you start the bankruptcy process to discuss your options.

We can help you evaluate your personal finances and debt situation and determine whether Chapter 7 is your best option. If it is, we can ensure that you meet all the requirements to file for Chapter 7 again.

If another type of bankruptcy is better for you, like Chapter 13 bankruptcy, we can help you with that kind of bankruptcy case, too.

Our Arizona bankruptcy attorneys have decades of experience representing Arizona bankruptcy clients and are ready to start your case. To learn more about our services, call us at (480) 739-2448 or use our contact form to get a free consultation.