How Often Can I File for Bankruptcy?

Life can be unpredictable, and financial setbacks can happen more than once. If you’ve filed for bankruptcy in the past and find yourself struggling again, you may wonder whether you can file for bankruptcy a second time. The answer depends on the type of bankruptcy you filed previously, the outcome of your case, and how much time has passed.

Filing for Bankruptcy More Than Once

Bankruptcy laws are designed to help individuals regain financial stability. While the process can provide relief, it’s not unlimited. Federal law sets specific rules about how often you can file for bankruptcy and receive a discharge.

Time Limits Between Bankruptcy Filings

The time limits between filings depend on the type of bankruptcy you filed previously and the type you want to file now:

• Chapter 7 to Chapter 7: If you received a discharge in a Chapter 7 bankruptcy, you must wait eight years from the date you filed your previous case to file another Chapter 7.
• Chapter 7 to Chapter 13: If you received a discharge in a Chapter 7 bankruptcy, you must wait four years from the date you filed to be eligible for a discharge under Chapter 13.
• Chapter 13 to Chapter 13: If you received a discharge in a Chapter 13 bankruptcy, you must wait two years from the filing date of the previous case to file another Chapter 13. This shorter timeframe often makes refiling under Chapter 13 more accessible.
• Chapter 13 to Chapter 7: If you received a discharge in a Chapter 13 bankruptcy, you must wait six years from the filing date to file for Chapter 7, unless you paid back at least 70% of your unsecured debts in good faith during your Chapter 13 case.

Why File for Bankruptcy Again?

There are many reasons someone might need to file for bankruptcy more than once:

• Unexpected medical bills or emergencies
• Job loss or reduced income
• Divorce or separation
• A failed business venture

Bankruptcy laws recognize that financial hardships don’t always happen once. Filing again can provide necessary relief and help you rebuild.

What If I Don’t Qualify for a Discharge?

You can still file if you’re not eligible for a discharge because the required waiting period hasn’t passed. Filing can activate the automatic stay, which halts collection actions, wage garnishments, and lawsuits temporarily. This can give you time to reorganize your finances or negotiate with creditors.

However, filing without a discharge has limitations. You won’t have your debts wiped out, so it’s essential to consult an attorney to determine if this strategy is right for you.

Contact the Geller Law Firm for Guidance

Navigating bankruptcy laws and understanding eligibility can be complex. If you’re considering filing for bankruptcy again, the Law Offices of Robert M. Geller can help. Our team has experience guiding Floridians through the process and can provide advice tailored to your situation. Contact us today to discuss your options and take the first step toward a brighter financial future.