Wait to File

Bankruptcy Law

Wait Time Between Bankruptcies

BANKRUPTCY IS OFTEN THE ANSWER when a person suffers an unexpected job loss, medical situation, divorce, or other unexpected scenario that causes a financial hardship. However, if a prior bankruptcy discharge was received, another bankruptcy may not be available. The Bankruptcy Code provides for a specified wait period from one bankruptcy filing to the next.

Prior Chapter 7 Bankruptcy


IF YOU FILED FOR CHAPTER 7 BANKRUPTCY previously and it was dismissed or closed without discharge, you do not have to wait at all to file another bankruptcy, unless the order that dismissed or closed the prior case specified differently. However, if your prior bankruptcy received a discharge, the wait period is as follows:

  • Prior Chapter 7 must wait 8 years from prior filing date to file another Chapter 7
  • Prior Chapter 7 must wait 4 years from prior filing date to file a new Chapter 13

Prior Chapter 13 Bankruptcy

IF YOU FILED FOR CHAPTER 13 BANKRUPTCY and it was dismissed or closed without discharge, you do not have to wait at all to file another bankruptcy, unless the order that dismissed or closed the prior case specified differently. However, if your prior bankruptcy received a discharge, the wait period is as follows:

  • Prior Chapter 13 must wait 6 to 8 years from prior filing date to file a new Chapter 7
  • Prior Chapter 13 must wait 2 years from prior filing date to file a new Chapter 13