How Long Must I Wait Between Bankruptcy Filing?

Chapter 7

• If you previously filed a Chapter 7, you must wait 8 years to file another Chapter 7.
• If you previously filed a Chapter 13, you must wait 6 years to file a Chapter 7.

Chapter 13

• If you previously filed a Chapter 7, you must wait 4 years to file a Chapter 13.
• If you previously filed a Chapter 13, you must wait 2 years to file another Chapter 13.

Time is measured filing date to filing date.

What If My Prior Case was Dismissed?

If your prior bankruptcy was dismissed without a discharge, generally you can file a new case right away.  There are exceptions, however.  For example, if you willfully failed to comply with a court order or appear before the court, you will have to wait 180 days to file again.  If you voluntarily dismissed your case after a Motion for Relief from Stay, you will also have to wait 180 days.