How often can you file Chapter 7?

Generally once every 8 years if you want a discharge each time. Under 11 U.S.C. § 727(a)(8), a court denies a Chapter 7 discharge where the debtor received one in a Chapter 7 or 11 case commenced within 8 years before the new petition. The count runs filing date to filing date, so a case that discharged quickly still uses the same 8 years.

Can you file Chapter 7 after a Chapter 13?

Generally after 6 years, measured from the Chapter 13 filing date to the new Chapter 7 filing date, under 11 U.S.C. § 727(a)(9). There is an exception where the Chapter 13 plan paid 100 percent of allowed unsecured claims, or at least 70 percent where the plan was proposed in good faith and was the debtor's best effort. That exception is fact-specific and worth confirming with counsel.

Does a dismissed bankruptcy count toward the waiting period?

Generally no. The discharge bars in §§ 727(a)(8), 727(a)(9) and 1328(f) all apply to a debtor who was granted a discharge. Under 11 U.S.C. § 349(a), unless the court orders otherwise for cause, dismissal does not bar a later discharge of debts that were dischargeable in the dismissed case, nor prejudice a later filing, except as provided in § 109(g). A dismissal can still limit the automatic stay.

Does converting my case restart the clock?

No. The Southern District of Indiana explains that a converted case is eligible for a discharge in the new chapter only if the waiting requirement for that chapter is met, calculated from filing date to filing date rather than from the date of conversion. Its own example shows a case converting into a Chapter 7 that remained barred because the 8-year period ran from the original 2001 Chapter 7 filing.

Will the automatic stay still protect me in a second filing?

It depends on your recent dismissals. If one prior case was dismissed within the past year, the stay terminates on the 30th day after the new filing unless the court grants a motion to extend it. If two or more were dismissed within the past year, no stay goes into effect at all unless the court imposes one after finding the new case was filed in good faith.

How long between a Chapter 13 and another Chapter 13?

Two years, measured from the filing date of the earlier Chapter 13 to the filing date of the new one, under 11 U.S.C. § 1328(f). Because most Chapter 13 plans run three to five years, this bar is often already satisfied by the time the earlier case ends. Kentucky's chart notes that eligibility can also turn on plan payment percentage and good faith.

Is there a limit on how many times I can file overall?

The Code does not cap the number of filings; it limits how often a discharge can be granted. Repeat filings do carry consequences beyond the discharge bars — most notably the stay limitations for cases dismissed within the prior year, and the good-faith scrutiny that comes with them. Both are addressed case by case by the court.

Eligibility & means testing

How a Prior Bankruptcy Affects When You Can File Again

A prior bankruptcy does not stop you from filing again — it can stop you from getting a second discharge. Federal law sets waiting periods measured from filing date to filing date: generally 8 years between Chapter 7 discharges, 6 years from Chapter 13 to Chapter 7, 4 years from Chapter 7 to Chapter 13, and 2 years between Chapter 13 discharges.

Key points

The waiting period bars the discharge, not the filing — the Bankruptcy Code allows you to file, but a court can refuse the second discharge if not enough time has passed.
Courts commonly measure the waiting period from the commencement date of the first case to the commencement date of the second, not from the date of discharge.
The four common periods are 8 years (Chapter 7 to Chapter 7), 6 years (Chapter 13 to Chapter 7), 4 years (Chapter 7 to Chapter 13) and 2 years (Chapter 13 to Chapter 13).
A prior case that was dismissed rather than discharged generally does not trigger these bars, but it can shorten or eliminate the automatic stay in the new case.
The 6-year Chapter 13-to-Chapter 7 bar has an exception where the earlier plan paid unsecured creditors in full, or paid at least 70 percent in good faith as the debtor's best effort.

If you have filed bankruptcy before and are in trouble again, the first question is usually whether you are allowed to file at all. The rules are more specific than most people expect, and they turn on two things: which chapter you filed last time, and whether that case ended in a discharge or a dismissal. This page walks through the federal waiting periods, how they are counted, and what changes the answer.

How does the waiting period between bankruptcies actually work?

The Bankruptcy Code does not generally bar you from filing a second case. It bars the court from granting a second discharge if not enough time has passed since the first one. That distinction matters, because a case filed inside the waiting period can still proceed and can still do useful things, but it will not wipe out the debts at the end.

Under 11 U.S.C. § 727(a)(8), a court denies a Chapter 7 discharge where the debtor was granted a discharge in a Chapter 7 or Chapter 11 case commenced within 8 years before the new petition. Under § 727(a)(9), the look-back is 6 years for a prior Chapter 12 or Chapter 13 discharge. Under § 1328(f), a Chapter 13 discharge is unavailable if the debtor received a discharge in a Chapter 7, 11 or 12 case filed during the preceding 4-year period, or in a Chapter 13 case filed during the preceding 2-year period.

Waiting periods by chapter combination, measured filing date to filing date
Prior case chapter	New case chapter	Waiting period	Code section
7 or 11	7	8 years	§ 727(a)(8)
12 or 13	7	6 years	§ 727(a)(9)
7, 11 or 12	13	4 years	§ 1328(f)
13	13	2 years	§ 1328(f)

When does the clock start — filing date or discharge date?

This is where people most often miscount by a year or more. The statutory language keys off when the earlier case was commenced, not when the discharge was entered. The Bankruptcy Court for the Western District of Kentucky states the point directly in its eligibility chart: eligibility is determined from the commencement date of the first case to the commencement date of the second, and is not determined based on discharge or conversion dates.

That cuts both ways. A Chapter 13 case that ran five years before discharge has already consumed most of the 6-year window by the time the discharge is entered. A Chapter 7 case that discharged four months after filing has barely moved the clock at all.

Conversion matters too. The Southern District of Indiana explains that a converted case is eligible for a discharge in the new chapter only if the waiting requirement for that chapter is met, calculated from filing date to filing date and not from the date of conversion. Its published example: a Chapter 13 filed in 2006 after a 2001 Chapter 7 clears the 4-year bar, but converting that case to Chapter 7 in 2007 does not clear the 8-year bar running from 2001.

Count from the day the earlier petition was filed, not the day the discharge order was entered.
Converting a case does not restart the clock — the original filing date of the current case controls.
A case transferred between courts or divisions is generally treated as the same case, not a separate filing.

What changes the answer in your situation?

Several facts move the result, and it is worth checking each one before assuming you are barred.

First, whether the prior case ended in a discharge or a dismissal. The bars in § 727(a)(8), § 727(a)(9) and § 1328(f) all speak to a debtor who was granted a discharge. Under 11 U.S.C. § 349(a), unless the court orders otherwise for cause, dismissal of a case does not bar the discharge in a later case of debts that were dischargeable in the dismissed case, nor does it prejudice the debtor with regard to filing a later petition, except as provided in § 109(g).

Second, how much the earlier Chapter 13 plan paid. The 6-year Chapter 13-to-Chapter 7 bar carries an exception described in the District of Columbia bankruptcy court's discharge table: it does not apply where plan payments in the prior case totaled at least 100 percent of allowed unsecured claims, or at least 70 percent where the plan was proposed in good faith and was the debtor's best effort.

Third, good faith and plan performance generally. Kentucky's chart notes that Chapter 13 eligibility after a prior Chapter 12 or 13 depends not only on elapsed time but on the percentage paid to unsecured creditors and whether the plan was proposed in good faith.

What does federal law say, section by section?

Three provisions do most of the work, and they are short enough to read.

11 U.S.C. § 727(a)(8) directs that the court shall grant a Chapter 7 discharge unless the debtor has been granted a discharge under that section within the specified look-back. Section 727(a)(9) covers the prior Chapter 12 or 13 discharge, with the percentage-paid exception described above. Section 1328(f) governs Chapter 13, denying a discharge where the debtor received one in a Chapter 7, 11 or 12 case during the preceding 4 years or a Chapter 13 case during the preceding 2 years.

Procedure follows the substance. Fed. R. Bankr. P. 4004(a)(1) provides that in a Chapter 7 case, a complaint — or a motion under § 727(a)(8) or (9) — objecting to discharge must be filed within 60 days after the first date set for the § 341(a) meeting of creditors. Rule 4004(a)(3) sets the same 60-day deadline for a motion objecting to a Chapter 13 discharge under § 1328(f). Rule 4004(c)(1) tells the court to grant the discharge promptly once those deadlines pass, unless a motion under § 727(a)(8) or (9) is pending.

Where do state or local rules come into this?

The waiting periods themselves are federal and identical everywhere. State law does not lengthen or shorten them. What varies by state is what happens inside the case you eventually file — which property you can protect and what income figure applies — and those are covered on the state pages rather than here.

What does vary locally is practice. Districts publish their own eligibility charts and procedures, and they differ in how the issue surfaces. In the Southern District of Indiana, if a debtor is ineligible for a discharge because of a prior case, the U.S. Trustee files a Notice of Ineligibility for Discharge; in Chapter 13 cases the court will not issue a discharge on a case carrying such a notice unless the judge directs otherwise, while in Chapter 7 the court acts only if someone later moves to dismiss or convert. That district also treats a Motion Objecting to Discharge as the correct vehicle where the objection is specifically that the debtor did not wait long enough, with any other ground requiring an adversary proceeding.

The federal waiting periods are the same in every district — no state shortens them.
Exemptions and median-income figures do vary by state and live on the state pages.
Local procedure differs in how ineligibility is raised and by whom.

What does a repeat filing look like in practice?

The most common surprise for repeat filers is not the discharge bar at all. It is the automatic stay.

Ordinarily, filing a petition operates as a stay under 11 U.S.C. § 362(a) of collection actions, judgment enforcement, lien creation and acts to collect prepetition claims. But repeat filings change that. The District of Massachusetts explains that if you were a debtor in a prior case dismissed within the year before your new case is filed, the stay terminates within 30 days of the new filing unless you move to extend it, file that motion before the 30 days expire, and persuade the court the new case was filed in good faith and it grants the motion within 30 days of commencement.

If two or more of your cases were dismissed in the last year, the position is harder. No stay goes into effect at all, and none will unless you move for it within 30 days and persuade the court the case was filed in good faith. The Middle District of Florida notes that in that situation creditors sometimes seek comfort orders confirming no stay is in place, and that a motion to extend the 30-day stay must demonstrate a substantial change in the debtor's financial or personal affairs since the prior dismissal.

What documents and information will you need to sort this out?

Working out where you stand starts with the earlier case file, not with memory. The dates that matter are precise, and the ones people remember are usually the wrong ones.

You are looking for the petition filing date of every prior case, the chapter each was filed under, whether each ended in discharge or dismissal, and — if a case converted — the original filing date rather than the conversion date. For a prior Chapter 13, the percentage paid to unsecured creditors under the plan can matter to the § 727(a)(9) exception, so the trustee's final report is worth locating.

Court records are the source. The District of Maryland's public guidance notes that bankruptcy filings are publicly available records, that copies can be viewed and printed at the clerk's office, and that documents can be accessed online through PACER with an account. Separately, be aware that a new case brings its own obligations regardless of history: under 11 U.S.C. § 1308, a Chapter 13 debtor must file all tax returns for taxable periods ending during the 4-year period ending on the petition date, by the day before the § 341(a) meeting is first scheduled.

Petition filing date and chapter for each prior case
Discharge order or dismissal order for each prior case
Original filing date if any case was converted between chapters
Trustee's final report showing the percentage paid on unsecured claims in a prior Chapter 13

What should you ask a lawyer about a repeat filing?

The Kentucky eligibility chart carries an instruction worth taking seriously: for all calculations concerning eligibility for discharge, contact an attorney. The dates are simple in principle and easy to get wrong in fact, and the consequence of getting them wrong is a case that costs money and delivers no discharge.

Useful questions to bring to a consultation include: what exact filing dates are on record for my prior cases, and does the clock leave me eligible now or on a specific future date? Does the percentage my prior Chapter 13 plan paid open the § 727(a)(9) exception? Was my prior case dismissed rather than discharged, and does § 109(g) affect me? Will the automatic stay apply in full in my new case, and if not, is a motion to extend or impose the stay worth filing?

Cost is a fair question too. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), before any administrative fee, so filing into a discharge bar is an expensive way to learn the rule.

Frequently asked questions

How often can you file Chapter 7?: Generally once every 8 years if you want a discharge each time. Under 11 U.S.C. § 727(a)(8), a court denies a Chapter 7 discharge where the debtor received one in a Chapter 7 or 11 case commenced within 8 years before the new petition. The count runs filing date to filing date, so a case that discharged quickly still uses the same 8 years.
Can you file Chapter 7 after a Chapter 13?: Generally after 6 years, measured from the Chapter 13 filing date to the new Chapter 7 filing date, under 11 U.S.C. § 727(a)(9). There is an exception where the Chapter 13 plan paid 100 percent of allowed unsecured claims, or at least 70 percent where the plan was proposed in good faith and was the debtor's best effort. That exception is fact-specific and worth confirming with counsel.
Does a dismissed bankruptcy count toward the waiting period?: Generally no. The discharge bars in §§ 727(a)(8), 727(a)(9) and 1328(f) all apply to a debtor who was granted a discharge. Under 11 U.S.C. § 349(a), unless the court orders otherwise for cause, dismissal does not bar a later discharge of debts that were dischargeable in the dismissed case, nor prejudice a later filing, except as provided in § 109(g). A dismissal can still limit the automatic stay.
What happens if I file before the waiting period is up?: The case can be filed and can proceed, but the discharge is at risk. Under Fed. R. Bankr. P. 4004(a), a motion under § 727(a)(8) or (9) objecting to discharge must be filed within 60 days after the first date set for the § 341(a) meeting. In the Southern District of Indiana, the U.S. Trustee files a Notice of Ineligibility for Discharge in that situation.
Does converting my case restart the clock?: No. The Southern District of Indiana explains that a converted case is eligible for a discharge in the new chapter only if the waiting requirement for that chapter is met, calculated from filing date to filing date rather than from the date of conversion. Its own example shows a case converting into a Chapter 7 that remained barred because the 8-year period ran from the original 2001 Chapter 7 filing.
Will the automatic stay still protect me in a second filing?: It depends on your recent dismissals. If one prior case was dismissed within the past year, the stay terminates on the 30th day after the new filing unless the court grants a motion to extend it. If two or more were dismissed within the past year, no stay goes into effect at all unless the court imposes one after finding the new case was filed in good faith.
How long between a Chapter 13 and another Chapter 13?: Two years, measured from the filing date of the earlier Chapter 13 to the filing date of the new one, under 11 U.S.C. § 1328(f). Because most Chapter 13 plans run three to five years, this bar is often already satisfied by the time the earlier case ends. Kentucky's chart notes that eligibility can also turn on plan payment percentage and good faith.
Is there a limit on how many times I can file overall?: The Code does not cap the number of filings; it limits how often a discharge can be granted. Repeat filings do carry consequences beyond the discharge bars — most notably the stay limitations for cases dismissed within the prior year, and the good-faith scrutiny that comes with them. Both are addressed case by case by the court.

Sources

11 U.S.C. § 727 — Discharge · official source
11 U.S.C. § 1328 — Discharge (Chapter 13) · official source
11 U.S.C. § 349 — Effect of dismissal · official source
11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 109 — Who may be a debtor · official source
11 U.S.C. § 1308 — Filing of prepetition tax returns · official source
Fed. R. Bankr. P. 4004 — Granting or Denying a Discharge · official source
Bankr. W.D. Ky. official guidance — Eligibility Chart F944578Ec7 — Eligibility for Discharge chart
Bankr. D.D.C. Table Regarding Availability of Discharge if Debtor Got a Discharge in an Earlier Case — Table Regarding Availability of Discharge
Bankr. S.D. Ind. official page — Prior Filings — Prior Filings
Bankr. S.D. Ind. official page — U. S. Trustee's Notice of Ineligibility for Discharge — U.S. Trustee's Notice of Ineligibility for Discharge
Bankr. S.D. Ind. official page — Motion Objecting to Discharge — Motion Objecting to Discharge
Bankr. D. Mass. official page — The Effect of Repeat Filing on the Automatic Bankruptcy Stay — The Effect of Repeat Filing on the Automatic Bankruptcy Stay
Bankr. M.D. Fla. Procedure Manual — Motion to Extend Automatic Stay — Motion to Extend Automatic Stay
28 U.S.C. § 1930(a)(1)(A), (f)(1) — Chapter 7 filing fee
28 U.S.C. § 1930(a)(1)(B) — Chapter 13 filing fee

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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