Can I File For Bankruptcy if I Received a Discharge Previously?

While no one wants to be in the position of filing multiple bankruptcies, sometimes circumstances of medical debt or job loss can cause debt to mount again. Here’s what you need to know if you may need to file and have previously received a bankruptcy discharge:

• The key moment when calculating dates is the case filing date, not the date you received a discharge.
• If you filed a bankruptcy but did not receive a discharge (e.g., the case was dismissed), the below dates don’t apply.
• If your goal in the new bankruptcy case does not include receiving a discharge (e.g., you only need to repay mortgage arrears in a Chapter 13 with minimal or zero other debts), you may be able to file without regard to the below dates.

If you previously filed a Chapter 7, you would need to wait 8 years for another Chapter 7, or 4 years for a Chapter 13.

If you previously filed a Chapter 13, you would need to wait 6 years for a Chapter 7 (with some exceptions depending on how much debt was paid in the Chapter 13), or 2 years for another Chapter 13. Almost all Chapter 13 cases take longer than 2 years, which means that most people who receive a Chapter 13 discharge are immediately eligible to file another Chapter 13.