How Many Times Can You File for Bankruptcy? (2026)

The U.S. Bankruptcy Code establishes specific waiting periods for receiving a discharge after a prior bankruptcy case. These periods are measured from the date of the prior filing, not the discharge date. The rules vary based on the combination of chapters involved:

• Chapter 7 after Chapter 7: 8 years
• Chapter 13 after Chapter 7: 4 years
• Chapter 7 after Chapter 13: 6 years (with limited exceptions)
• Chapter 13 after Chapter 13: 2 years

Chapter 7 bankruptcy — often called "liquidation" bankruptcy — eliminates most unsecured debts such as credit card balances and medical bills through a court-supervised process. A trustee may sell non-exempt assets to pay creditors, though most Chapter 7 filers have few non-exempt assets. The process typically takes 3 to 6 months from filing to discharge. You must pass a means test based on income to qualify for Chapter 7.

Chapter 13 bankruptcy — called a "reorganization" or "wage earner's plan" — lets you keep your assets while repaying some or all debts through a 3-to-5-year court-approved repayment plan. It is typically used by people with regular income who want to catch up on mortgage arrears or protect property they would lose in a Chapter 7. At the end of the repayment plan, remaining eligible debts are discharged. Chapter 13 allows repeat filers to obtain the automatic stay benefit even within the normal waiting periods, though discharge rules still apply.

A Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date. A Chapter 13 bankruptcy remains for 7 years from the filing date. Multiple filings mean multiple negative marks, which can significantly limit access to credit and increase borrowing costs for years. Rebuilding credit after bankruptcy typically involves secured credit cards, on-time payment of all remaining obligations, and patience — the impact of a bankruptcy generally diminishes over time.

When you file for bankruptcy, an automatic stay immediately halts most collection actions — wage garnishments, foreclosures, and creditor calls. However, if you filed a prior case that was dismissed within the past year, the automatic stay may last only 30 days unless you ask the court to extend it. Two dismissed cases within a year may result in no automatic stay at all. Courts may deny repeat filers the protection of the stay if prior filings appear to be made in bad faith.

Bankruptcy law is complex, and the right chapter depends on your income, assets, debts, and goals. A bankruptcy attorney can assess whether you qualify for Chapter 7, estimate what happens to your assets, and advise whether the waiting period applies to your situation. Many bankruptcy attorneys offer a free or low-cost initial consultation. The U.S. Courts website at USCourts.gov provides information on filing requirements and court locations.