How Long Between Bankruptcy Filings: Chapter 7, 13, and Dismissals

The wait between bankruptcy filings runs from two to eight years, depending on which chapter you filed before and which chapter you want to file next. The clock always starts on the date the earlier petition was filed, not the day your debts were discharged or your case closed. Filing a day too early can cost you the discharge in your new case entirely, so the exact math on how long between bankruptcy filings matters more than most people expect.

Here are the four combinations at a glance, each measured from the prior filing date:

Chapter 7 after Chapter 7 (or Chapter 11): 8 years
Chapter 13 after Chapter 7 (or Chapter 11 or 12): 4 years
Chapter 7 after Chapter 13 (or Chapter 12): 6 years, with exceptions if you paid your unsecured creditors
Chapter 13 after Chapter 13: 2 years

How the Clock Is Measured

Every waiting period runs from the filing date of the earlier petition to the filing date of the new one. The intuitive assumption, that the clock starts when debts are discharged or the case wraps up, is wrong. If you filed Chapter 7 on March 15, 2019, the eight-year window to file another Chapter 7 opens on March 15, 2027, no matter when the discharge came through.

The consequence of miscounting is severe. The court will not simply delay your case. It will deny the discharge in the new one, meaning you go through the entire process and come out with your debts still on your back.¹

Chapter 7 After a Prior Chapter 7

Eight years from the earlier filing date. This is the longest mandatory wait in the Bankruptcy Code, and it applies whether the prior discharge came through Chapter 7 or Chapter 11.² There are no exceptions and no reduced periods based on payment history.

Chapter 13 After a Prior Chapter 7

Four years from the Chapter 7 filing date. This comes up often when someone still has debts a Chapter 7 could not touch, like certain taxes, or when a mortgage arrears situation needs a structured repayment plan.³

One nuance: the four-year period blocks a discharge in the new Chapter 13, but it does not block you from filing the case itself. That distinction is the basis for the Chapter 20 strategy discussed below.

Chapter 7 After a Prior Chapter 13

Six years from the Chapter 13 filing date. Because Chapter 13 plans run three to five years, you may become eligible for a new Chapter 7 shortly after finishing your plan.²

Two exceptions can waive the six years entirely. The bar does not apply if you paid 100% of allowed unsecured claims through the Chapter 13 plan. It also does not apply if you paid at least 70% of those claims through a plan that was both proposed in good faith and represented your best effort. Good faith and best effort are separate tests. Meeting only one will not waive the six-year period.¹

Chapter 13 After a Prior Chapter 13

Two years from the earlier filing date, the shortest waiting period in the system.³ Since most Chapter 13 plans take three to five years to complete, the two-year window has almost always passed by the time a completed plan finishes and a debtor finds themselves in trouble again.

Chapter 11 and Chapter 12 Filings

The framework covers less common chapters too. A prior Chapter 11 discharge triggers the same eight-year bar before a new Chapter 7 and the same four-year bar before a Chapter 13 discharge.² A prior Chapter 12 discharge, used by family farmers and fishermen, triggers the six-year bar for a subsequent Chapter 7 and the four-year bar for a new Chapter 13 discharge.³

Does a Hardship Discharge Change the Wait

No. The six-year bar on a subsequent Chapter 7 references any discharge under Section 1328 without distinguishing hardship from regular.² The four-year and two-year bars for a new Chapter 13 discharge explicitly apply notwithstanding both the regular and hardship discharge provisions.³ The type of discharge does not shorten the wait.

The Chapter 20 Strategy

Practitioners sometimes talk about a “Chapter 20” filing. It is not an actual chapter of the Bankruptcy Code. It is a nickname for filing Chapter 13 right after a Chapter 7 discharge, using Chapter 7 to wipe out unsecured debts and Chapter 13 to restructure secured debts like mortgages.

The catch is the four-year rule. If less than four years have passed since the Chapter 7 filing, you will not receive a discharge in the Chapter 13.³ That is not always pointless. A discharge eliminates personal liability. Stripping a lien from property is a separate mechanism, and most courts have held that completing a Chapter 13 plan can permanently remove a wholly unsecured junior lien even without a discharge, because lien stripping depends on plan completion rather than discharge. This is an aggressive approach, and not every court accepts it.

If Your Prior Case Was Dismissed

The multi-year waits above apply only when you actually received a discharge. If your earlier case was dismissed for missing paperwork, skipping the creditors’ meeting, or any other reason, those long timelines do not kick in, and you can often refile right away.

The 180-Day Bar

Two specific dismissals trigger a 180-day lockout. You cannot file a new case within 180 days if your previous case was dismissed because you willfully disobeyed a court order, or if you voluntarily dismissed the case after a creditor filed a motion for relief from the automatic stay.⁴

The Automatic Stay Shrinks or Disappears

Even when you can refile immediately, repeat dismissals weaken the automatic stay. If one case was dismissed in the past year, the stay in your new case expires after 30 days unless you file a motion to extend it and get a hearing within that window, and the court will only extend it on a showing of good faith. If two or more cases were dismissed in the prior year, the stay does not take effect at all. You can ask the court to impose one, but you must overcome a presumption that the filing is not in good faith with clear and convincing evidence.⁵

Credit Counseling Resets Every Time

Every individual bankruptcy filing requires a pre-filing credit counseling session from an approved nonprofit agency, and there is no exemption for repeat filers. The session must take place within the 180 days before your new petition date, so a certificate from a prior case has almost certainly expired.⁴ A separate debtor education course is required after filing but before discharge.⁶ In a true emergency, the court can grant a temporary waiver if you tried to get an appointment in the seven days before filing, but that exemption lasts only 30 days, with a possible 15-day extension for good cause.

1
United States Bankruptcy Court. Prior Bankruptcy, If I Had A Prior Bankruptcy, How Soon Can I Get Another Discharge?
2
Office of the Law Revision Counsel. 11 U.S. Code 727 – Discharge
3
Office of the Law Revision Counsel. 11 U.S. Code 1328 – Discharge
4
Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor
5
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
6
U.S. Courts. Credit Counseling and Debtor Education Courses