There is no lifetime limit on how many times you can file bankruptcy. Federal law caps neither the number of Chapter 7 cases nor the number of Chapter 13 cases you can bring. What it does cap is how soon after one discharge you can receive another, and those waiting periods run from two to eight years depending on the chapter you used before and the chapter you use next.
Two other rules matter almost as much as the discharge waits: repeat filers get a shorter automatic stay (or none at all), and in some situations you’re locked out of refiling for 180 days.
The Waiting Periods Between Discharges
Every waiting period below is measured from the filing date of the earlier case to the filing date of the new one. The clock does not start on the discharge date.
- Chapter 7 after a prior Chapter 7 discharge: eight years. 1Office of the Law Revision Counsel. 11 U.S. Code 727 – Discharge
- Chapter 7 after a prior Chapter 13 discharge: six years. This bar doesn’t apply if your Chapter 13 plan paid 100% of unsecured claims, or paid at least 70% and was both proposed in good faith and represented your best effort. 1Office of the Law Revision Counsel. 11 U.S. Code 727 – Discharge
- Chapter 13 after a prior Chapter 7 discharge: four years. 2Office of the Law Revision Counsel. 11 U.S.C. 1328 – Discharge
- Chapter 13 after a prior Chapter 13 discharge: two years. 2Office of the Law Revision Counsel. 11 U.S.C. 1328 – Discharge
One detail on how the Chapter 13 statute reads: it measures from the filing date of the prior case to the “order for relief” in the new case. When you file voluntarily, the order for relief is entered the same day as your petition, so in practice the clock still runs from filing date to filing date.
If your earlier case was dismissed rather than discharged, these particular waits don’t apply, because they only govern discharge-to-discharge timing. Different rules, discussed below, may still block you.
Filing Again Without Being Eligible for a Discharge
Nothing in the Bankruptcy Code stops you from filing a new case before the waiting period runs. You simply won’t get a discharge at the end of it. People do this on purpose, and there’s one main reason: the automatic stay. Filing any bankruptcy petition triggers an immediate halt on most collection activity, including foreclosures, repossessions, lawsuits, and wage garnishments. 3Office of the Law Revision Counsel. 11 U.S.C. 362 – Automatic Stay
Someone facing an imminent foreclosure sale, for instance, can file a Chapter 13 case to stop the sale even when they aren’t eligible for discharge. The goal isn’t wiping out debt; it’s buying time to restructure secured-debt payments through a repayment plan. Courts watch these cases closely, and the automatic stay rules described next are the reason a second or third filing rarely delivers the same protection as the first.
How the Automatic Stay Shrinks for Repeat Filers
This is the sharpest penalty for filing again quickly. If you had a bankruptcy case dismissed within the past year and file a new one, the automatic stay does not last the full length of your case. It expires 30 days after you file unless you convince the court to extend it. 4Office of the Law Revision Counsel. 11 U.S.C. 362 – Automatic Stay
To keep the stay past 30 days you have to file a motion, and the hearing has to happen inside the 30-day window. Miss that deadline and creditors can resume collection while your bankruptcy is still open.
A third filing is worse. If two or more of your cases were dismissed within the past year, the automatic stay does not go into effect at all when you file again. You get zero protection unless you affirmatively ask the court to impose it and prove good faith by clear and convincing evidence. The statute presumes a third filing within a year is not in good faith, so that burden is steep. 4Office of the Law Revision Counsel. 11 U.S.C. 362 – Automatic Stay
If you’re refiling mainly to stop a foreclosure or garnishment, this is the single most important rule to understand. Filing again does not guarantee the breathing room you had the first time.
When You Cannot Refile at All
The 180-Day Bar
The Bankruptcy Code outright blocks you from filing for 180 days if your previous case was dismissed under either of these circumstances:
- You voluntarily dismissed the case after a creditor filed a motion to lift the automatic stay. 5Office of the Law Revision Counsel. 11 U.S.C. 109 – Who May Be a Debtor
- The court dismissed your case because you failed to follow court orders or appear at required hearings. 5Office of the Law Revision Counsel. 11 U.S.C. 109 – Who May Be a Debtor
The rule exists to keep people from using the automatic stay as a revolving shield, filing and then dismissing whenever a creditor pushes back. During those 180 days you are ineligible to be a debtor at all.
Dismissal With Prejudice
Courts also have broad authority to dismiss a case filed in bad faith. A pattern of serial filings timed to block foreclosure sales, repeated failures to propose a workable repayment plan, or filing with no genuine intent to reorganize can all support that finding. When the court reaches that conclusion, it can dismiss the case “with prejudice” and bar refiling for a specified period. Some courts have imposed refiling bars of two years or longer. A court using its full authority under Sections 1307(c), 349(a), and 105(a) can lock a repeat abuser out of the bankruptcy system for years at a stretch.
What Each New Filing Costs You
Every filing carries its own filing fee: $338 for Chapter 7 and $313 for Chapter 13 as of 2026. Attorney fees add substantially more, often around $1,000 to $1,500 for a straightforward Chapter 7 and $2,500 to $4,000 or more for Chapter 13, with wide variation by region and complexity. A repeat filing after a prior dismissal usually costs more in legal fees because the attorney has to address the court’s heightened scrutiny.
Every filing also requires two courses, and they reset with each case. Before you can file, you must complete a credit counseling session with a government-approved agency. The certificate is valid for 180 days; miss that window and you take it again. After filing but before discharge, you must complete a debtor education course (formally the Personal Financial Management Instruction Course). Skip it and the court will not issue your discharge, no matter what else you’ve done right. Repeat filers pay for and complete both courses each time, even after taking identical courses in a prior case. 6United States Courts. Credit Counseling and Debtor Education Courses
Then there’s your credit report. A bankruptcy stays on your credit report for up to 10 years from the filing date. 7Consumer Financial Protection Bureau. How Long Does a Bankruptcy Appear on Credit Reports? Multiple filings don’t overlap neatly; each new case starts its own 10-year window. Someone who files Chapter 7, waits eight years, and files Chapter 7 again may have a bankruptcy on file for close to 20 years total. That’s worth weighing before a second or third filing, especially one where you won’t receive a discharge.