Financial problems can return after a bankruptcy for reasons no one planned: job loss, medical expenses, divorce, a failed business, or the rising cost of basic necessities. If you have received a bankruptcy discharge before, you may wonder whether you are allowed to file again.
At Berken Cloyes in Denver, we help Colorado residents answer that question based on the chapter used in the earlier case, the chapter being considered now, the filing dates, whether a discharge was entered, and what relief is needed. You can often file bankruptcy more than once, but eligibility for another discharge follows specific waiting periods.
Filing Again Is Not the Same as Receiving Another Discharge
The Bankruptcy Code does not impose one universal lifetime limit on the number of cases a person may file. The more important question is whether you are eligible to receive a discharge in the new case. A discharge releases personal liability for qualifying debts and prevents creditors from continuing collection on those discharged debts.
In some situations, a person may be permitted to file even though another discharge is not yet available. That does not mean filing is wise. A case filed without a realistic goal can be dismissed, can affect the automatic stay in a later case, and can create additional cost and complexity.
How Long Must You Wait From Chapter 7 to Chapter 7?
If you received a Chapter 7 discharge and want another Chapter 7 discharge, the general waiting period is eight years. The period is measured from the filing date of the earlier Chapter 7 case to the filing date of the new case—not from the date the prior discharge was entered.
A new Chapter 7 bankruptcy also requires current eligibility. Even after eight years, you must satisfy the applicable income analysis and other filing requirements.
How Long Must You Wait From Chapter 7 to Chapter 13?
To receive a Chapter 13 discharge after a prior Chapter 7 discharge, the general waiting period is four years between filing dates. This sequence is sometimes informally called a “Chapter 20,” although there is no separate Chapter 20 in the Bankruptcy Code.
There are circumstances in which a Chapter 13 case may still serve a legitimate purpose before four years have passed, even if a discharge will not be available. For example, a repayment plan may potentially address mortgage arrears or other secured debt. The absence of a discharge can significantly affect the strategy, so the case should be evaluated carefully before filing.
How Long Must You Wait From Chapter 13 to Chapter 7?
The general waiting period for a Chapter 7 discharge after a Chapter 13 discharge is six years between filing dates. An exception may apply when the earlier Chapter 13 plan paid all allowed unsecured claims in full, or paid at least 70% of those claims and met the Bankruptcy Code’s good-faith and best-effort requirements.
Because this exception depends on the actual treatment and payment of claims in the prior case, bring the discharge order, confirmed plan, trustee’s final report, and case number to your consultation if available.
How Long Must You Wait From Chapter 13 to Chapter 13?
To receive another Chapter 13 discharge, the general waiting period is two years between filing dates. Since most Chapter 13 repayment plans last three to five years, this waiting period is often completed by the time a successful case ends.
A new Chapter 13 bankruptcy still must be proposed in good faith and supported by a feasible repayment plan. A prior discharge does not automatically make the next case eligible for confirmation.
Quick Reference: Common Waiting Periods
- Chapter 7 to Chapter 7: generally eight years
- Chapter 7 to Chapter 13: generally four years
- Chapter 13 to Chapter 7: generally six years, subject to limited repayment exceptions
- Chapter 13 to Chapter 13: generally two years
These periods generally run from the filing date of the earlier case to the filing date of the new case. They address eligibility for a discharge, not every issue that determines whether a new filing is allowed or useful.
What If the Earlier Case Was Dismissed?
A dismissed case is different from a discharged case. The discharge waiting periods above may not control when no discharge was entered, but other restrictions can apply. In certain circumstances, a person may be barred from refiling for 180 days. Repeated cases can also affect the automatic stay.
If one bankruptcy case was pending and dismissed during the previous year, the automatic stay in a new case may end after 30 days unless the court extends it. If two or more cases were pending and dismissed during the previous year, the stay may not take effect automatically. A motion asking the court to continue or impose the stay must be supported by evidence and handled on a short deadline.
What Information Should You Bring to a Consultation?
Before filing again, we want to understand what happened in the earlier case and what has changed. Helpful records include:
- The prior case number and filing date
- The chapter used in the earlier case
- The discharge or dismissal order
- The confirmed Chapter 13 plan and trustee’s final report, if applicable
- A current list of debts, assets, income, and expenses
- Any new collection, foreclosure, garnishment, or repossession notices
- Information about major financial changes since the prior case
Our Denver team can review the federal court docket when records are incomplete and calculate the relevant dates. We also look beyond the calendar to determine whether a new case can accomplish a meaningful objective.
Speak With a Denver Bankruptcy Attorney About Filing Again
A prior bankruptcy does not automatically prevent you from seeking relief again, but the chapter sequence, discharge history, and timing can change your options. At Berken Cloyes, we help people in Denver and throughout Colorado understand the waiting periods and choose a strategy based on their current financial circumstances.
Call Berken Cloyes in Denver, CO, today at 303-623-4357 to schedule a no-obligation consultation. We will review your previous case and explain whether Chapter 7, Chapter 13, or another debt-relief option may be available now.
This article provides general information and is not legal advice. Eligibility, discharge, automatic-stay protection, and case strategy depend on your prior filings and individual circumstances.
