Unfortunately, sometimes bad things happen to good people more than once. An unexptected hospital bill, the loss of a job, a reduction on pay, or any other financial setback can cause spiraling debt. Sometimes, lightning does strike twice. If you are struggling with overwhelming debt and considering bankruptcy, you may be wondering whether it is possible to file for bankruptcy more than once. The answer is yes — individuals can file for bankruptcy multiple times. However, the timing between filings, the type of bankruptcy previously filed, and the outcome of that case all play critical roles in determining your eligibility and what protections you will receive.
At Rubin & Associates, we understand that financial hardship can strike more than once, even for higher-income families. Whether you have previously filed a Chapter 7 or Chapter 13 case, it is important to know how the law handles repeat filings and how we can help you strategically plan your next steps.
Understanding the basics: Chapter 7 vs. Chapter 13
Before discussing the rules around multiple filings, it is essential to understand the differences between the two most common forms of consumer bankruptcy — Chapter 7 and Chapter 13.
Chapter 7 bankruptcy is often referred to as “liquidation bankruptcy.” It eliminates most unsecured debts, such as credit cards and medical bills. It is generally best suited for individuals with limited income and few assets. Chapter 13 bankruptcy is often called a “reorganization bankruptcy.” Instead of eliminating debts outright, it creates a repayment plan that lasts three to five years. This option is ideal for individuals who have a regular income and want to protect assets such as a home or car.
Each chapter has specific rules regarding when you can file again and whether you will receive a discharge (the elimination of eligible debts). Here is a basic explanation of timing based on which type of bankruptcy you would be filing:
Filing Chapter 7 AFTER Chapter 7
If you previously filed for Chapter 7 and received a discharge, you must wait eight years from the date of the first filing before you can file another Chapter 7 case and receive a discharge. This time period is measured from the filing date of the first case, not the discharge date.
If you file another Chapter 7 case before the eight-year mark, you may still file and go through the process, but you will not receive a discharge. In other words, your debts will not be eliminated, defeating the primary purpose of filing.
Filing Chapter 13 AFTER Chapter 7
If you received a discharge in a Chapter 7 case, you must wait four years before filing a Chapter 13 case if you wish to receive a full discharge at the end of the Chapter 13 plan.
However, there is an important exception. You may file a Chapter 13 case sooner than four years after a Chapter 7 if your goal is not to receive a discharge but instead to catch up on missed mortgage payments, stop a foreclosure, or reorganize other debts. This is sometimes referred to as a “Chapter 20” — a strategic use of both Chapter 7 and Chapter 13 to maximize legal protections.
Filing Chapter 13 AFTER Chapter 13
If you previously received a discharge through Chapter 13, you must wait two years from the filing date of that case to file another Chapter 13 and be eligible for a discharge.
Because most Chapter 13 plans last three to five years, this requirement rarely creates an issue. Still, if your previous case was completed early or dismissed, the timing becomes very important.
Filing Chapter 7 AFTER Chapter 13
If you received a discharge in a Chapter 13 case, you must wait six years from the filing date of the Chapter 13 before you can file a Chapter 7 and receive another discharge. There is an exception: if you paid back either all of your unsecured debt or at least 70% of it under your Chapter 13 plan in good faith and to the best of your ability, you may be allowed to file a Chapter 7 case sooner.
This area of the law becomes very technical and fact-specific, which is why it is essential to work with a qualified bankruptcy attorney.
What if your previous bankruptcy case was dismissed or not completed?
The timing and restrictions outlined above apply only if your previous case was completed and resulted in a discharge. If your case was dismissed (either voluntarily or by the court) or if it was not completed for any reason, the rules change significantly.
For example, if your bankruptcy was dismissed within the last 180 days because you failed to comply with a court order or voluntarily dismissed the case after a creditor requested relief from the automatic stay, you may be barred from filing again for a certain period.
Additionally, if you file multiple cases within a short time frame, the automatic stay — the legal protection that stops creditors from collecting — may not go into effect automatically or may only last for a limited time. In these situations, it may be necessary to request the court to impose or extend the stay, which requires presenting compelling evidence of good faith.
Bankruptcy is a strategic legal tool — but only when used properly
Filing for bankruptcy more than once is certainly possible and, in many situations, appropriate. However, the rules surrounding multiple filings are complex and unforgiving. If you miscalculate timing or file under the wrong chapter, you may lose your eligibility for a discharge or for the protection of the automatic stay.
At Rubin & Associates, we work with individuals and families across the Dallas area who need smart, strategic guidance on when and how to file. Whether you are facing foreclosure, garnishment, or overwhelming credit card debt, our experienced team can help you evaluate your options and protect your financial future.
Call Rubin & Associates today at 214-760-7777 to schedule a free, confidential consultation. We will walk you through your current financial situation, explain all available options, and help you move forward with confidence.