How Often Can I File For Bankruptcy?

Sometimes, our clients benefit from filing bankruptcy multiple times during their lives. This is permitted under the law, but there are statutory limits on how often a single individual or household can file.

Technically, there is no limit to how many times you can file bankruptcy. There is also no limit how often you can file. Limits apply to how often you can receive a discharge, or release from your debts. If you file too early the second time, you may be unable to receive a second bankruptcy discharge. It is important to understand those limits to avoid wasting time and money.

The specific time limits vary depending on the chapter of the Bankruptcy Code you are using.

  • Chapter 7, then Chapter 7 – Eight years
  • Chapter 13, then Chapter 13 –Two years
  • Chapter 7, then Chapter 13 – Four years
  • Chapter 13, then Chapter 7 –Six years – There are exceptions for cases in which you paid all unsecured creditors in the Chapter 13, or if you paid at least 70 percent of the claims in the Chapter 13 and the plan was proposed in good faith and was your best effort.

These limitations may not apply if your first bankruptcy case was dismissed or denied. Every case is unique, and the best way to fully understand your options is to speak with a lawyer experienced in bankruptcy proceedings.

Call Us — Three Office Locations In South Florida

Please contact Nowack & Olson at 888-813-4737 to arrange a free initial consultation and learn more about your rights under the Bankruptcy Code. Our attorneys have offices in Fort Lauderdale, Miami and Palm Beach.