Question

When Can You File Bankruptcy Again?

Written by JaredLast reviewed 2026-08-25

When can you file bankruptcy again after a previous case?

It depends on which chapter discharged your last case and which chapter you're filing now — the wait runs anywhere from 2 to 8 years. Two Bankruptcy Code sections set these limits: 11 U.S.C. § 727(a)(8)-(9) governs a second Chapter 7 discharge, and § 1328(f) governs a second Chapter 13 discharge. Both are phrased as bars on a discharge, not bars on filing the case, and both measure time the same unusual way: from the date your prior case was filed to the date your new case is filed. That single mechanical point is where most confusion about repeat filing actually comes from.

Why does the clock run from your old filing date instead of your old discharge date?

Because that is what the statutes literally say. Section 727(a)(8) bars a discharge for a debtor who received a prior discharge "in a case commenced within 8 years before the date of the filing of the petition." Section 1328(f) bars a discharge for a debtor who received a prior discharge "in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter" — and under 11 U.S.C. § 301(b), the order for relief in a voluntary case is the filing date itself. Neither section asks when the prior discharge was entered. Both ask when the prior case was filed.

That gap matters most for anyone whose earlier case was a Chapter 13. A Chapter 13 plan runs 3 to 5 years under 11 U.S.C. § 1322(d), so years pass between the filing date that starts the clock and the discharge date most people mentally anchor to. A debtor whose first case was a Chapter 13 filed in year zero and discharged in year 5, after a full 5-year plan, has already used 5 of the 6 years § 727(a)(9) requires before a new Chapter 7 can discharge — leaving roughly 1 year after that discharge, not another 6. Anyone counting from their discharge date instead of their filing date will consistently overestimate how long they have to wait.

A prior case that was converted from one chapter to another does not restart that clock. Under 11 U.S.C. § 348(a), conversion "does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief." A case filed under Chapter 13 and later converted to Chapter 7 is still, for counting purposes, a case commenced on the original petition date — though which bar applies then turns on which chapter actually produced the discharge.

How long before you can get a second Chapter 7 discharge?

It depends on what kind of case discharged before, and the two situations aren't treated alike. Under § 727(a)(8), a prior discharge under Chapter 7 itself, or under Chapter 11's § 1141, blocks a new Chapter 7 discharge if the earlier case was commenced within the preceding 8 years — a flat bar, with no exception written into the text.

Under § 727(a)(9), a prior discharge under Chapter 12's § 1228 or Chapter 13's § 1328 blocks a new Chapter 7 discharge if the earlier case was commenced within the preceding 6 years — but this bar carries a statutory exception the 8-year bar does not. It doesn't apply if payments under the prior plan totaled at least 100 percent of allowed unsecured claims, or at least 70 percent of those claims where the plan "was proposed by the debtor in good faith, and was the debtor's best effort." A debtor who paid unsecured creditors in full, or close to it, under a prior Chapter 12 or 13 plan can qualify for a new Chapter 7 discharge without waiting out the 6 years at all.

How long before you can get a second Chapter 13 discharge?

Under § 1328(f)(1), 4 years, if the prior discharge came from a case filed under Chapter 7, 11, or 12. Under § 1328(f)(2), 2 years, if the prior discharge came from a case filed under Chapter 13. Unlike the Chapter 7 side, neither paragraph of § 1328(f) carries a percentage-paid exception — the 4-year and 2-year periods apply regardless of how much the earlier plan paid unsecured creditors. Both periods measure from the prior case's filing date to "the date of the order for relief under this chapter," which for a voluntary Chapter 13 petition is the new filing date itself.

Which repeat-filing bar applies to your situation?

It's set entirely by two facts: which chapter your prior discharge came from, and which chapter you're filing now.

Every row measures from the prior case's filing date to the new case's filing date — never from either case's discharge date.

Does a prior case that didn't end in discharge still count against you?

No. Both statutes are triggered by a completed discharge, not by a filing on its own. Section 727(a)(8)-(9) applies where "the debtor has been granted a discharge," and § 1328(f) applies where "the debtor has received a discharge." A case that was dismissed — for missed payments, a failed plan, or any other reason — without a discharge being entered does not satisfy that condition, so it does not, by itself, trigger either repeat-filing bar. That doesn't mean a dismissed case is consequence-free in a later filing, and this is where the "these bars don't stop you from filing" point has a real limit. A dismissal can make you ineligible to file at all for a period. Under 11 U.S.C. § 109(g), no individual may be a debtor who was a debtor in a case pending at any time in the preceding 180 days if that case was dismissed "for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case," or was voluntarily dismissed by the debtor "following the filing of a request for relief from the automatic stay." A dismissal can also trigger limits Congress placed on the automatic stay in the next case. Those are governed by different sections of the Code and are outside what §§ 727(a)(8)-(9) and 1328(f) control — but § 109(g) is the one that answers the literal question in this page's title, and it is a bar on filing rather than on discharge.

Should you talk to a bankruptcy attorney before filing again?

Yes. This page explains what two Bankruptcy Code sections say about the timing of a second discharge. It does not know your case history, the dates your prior case was filed and discharged, how much a prior plan paid unsecured creditors, or whether your circumstances fit the § 727(a)(9) exception. Those are exactly the facts a bankruptcy attorney needs to tell you which row of the table above applies to you — and whether filing before a bar period runs is worth doing anyway, since a case can still be filed and administered even where a discharge isn't yet available. That last point assumes § 109(g) doesn't make you ineligible to file in the first place, which is itself a fact question about how your prior case ended.

This page is not legal advice, and it isn't a substitute for review by a bankruptcy attorney licensed in your state. For financing timelines rather than filing timelines, see is there a waiting period after a Chapter 7 discharge before you can finance a car? — a separate question with a separate answer. For the broader financing picture in each chapter, see car loan after Chapter 7 bankruptcy and car loan during Chapter 13 bankruptcy. More explainers like this one are in the learn library.