The information provided on this website does not, and is not intended to, act as legal, financial or credit advice. See Lexington Law’s editorial disclosure for more information.
Bankruptcy can be a complicated process, and many people don’t understand it perfectly. For example, did you know that although you can file bankruptcy more than once, you must wait a certain number of years between filings?
The common bankruptcy filings for individuals are Chapter 7 and Chapter 13 bankruptcy, and each type of filing has its own limitations. By the time you finish reading, you’ll know how many times you can file, what double filing is and what your alternatives to filing bankruptcy are.
Although there is a wait time between bankruptcies, you can file as many times as you’d like. However, your waiting period between filings depends on how you previously filed. In order for the wait times to apply, a court will need to successfully discharge your bankruptcy case. A discharge is when the court decides that you qualify for bankruptcy and can go through with the process.
If your case wasn’t discharged, the wait times don’t apply, and you can apply for bankruptcy as long as none of the following occurred:
If your case was discharged, it’s possible that you’ll end up in a situation where you’ll need to file again. But how long do you have to wait between bankruptcies if you need to file again?
Chapter 7 bankruptcy is the type of filing individuals use when they want to have debts eliminated. During this process, you’re assigned a trustee who decides how many of your nonexempt assets need to be sold to pay off your outstanding debts.
If you want to file Chapter 7 bankruptcy again, the U.S. courts state that you’ll need to wait eight years after the date of the original filing. If you filed Chapter 7 bankruptcy and want to file again with Chapter 13, the wait time to file is only four years.
When you file Chapter 13 bankruptcy, if approved, you’re put on a repayment plan to pay back your debts. This typically helps people get on a schedule that works for them and is affordable if everything goes to plan. After filing Chapter 13 bankruptcy, the wait time to file again is only two years. If you paid 70 percent of your Chapter 13 debts, the U.S. courts offer “good faith” with no wait period if you want to file for Chapter 7 the next time. Those who haven’t met this 70-percent threshold must wait six years before filing for Chapter 7.
Original filing type | New filing type | Wait time between filings |
---|---|---|
Chapter 7 | Chapter 7 | 8 years |
Chapter 7 | Chapter 13 | 4 years |
Chapter 13 | Chapter 13 | 2 years |
Chapter 13 | Chapter 7 | Up to 6 years, but there’s no wait time if 70% of the original debt has been paid |
Which bankruptcy filing you choose is very specific to your personal situation, so when you file again, you may find that it’s better to switch your filing type. The following are some considerations before your new filing:
If you need help deciding which bankruptcy to file, a bankruptcy attorney can help you discover which option is best. They may also be able to assist you with any questions you may have about whether you can remove a bankruptcy from your credit report.
When you don’t meet the requirements of the original bankruptcy, the court may dismiss your case without a discharge, and you’ll need to file again. After dismissing your case without a discharge, you typically have to wait 180 days before filing again. The only caveat is that if the court says otherwise, you’ll need to meet other requirements to file again.
Another situation some individuals run into is when the court denies a discharge rather than dismissing it. A court may make this decision should you disobey the original guidelines for the bankruptcy or don’t show up for court. In these cases, you may not be able to file again.
Should you find yourself in this situation, a bankruptcy attorney can provide you with advice that may help you file again.
Chapter 20 bankruptcy, also known as “double filing,” is a colloquial term because it’s not an official type of filing. It’s called Chapter 20 because this is when you file Chapter 13 bankruptcy right after your Chapter 7 bankruptcy is discharged.
People often choose to double file if they still have unmanageable debts after completing Chapter 7. The Chapter 7 filing doesn’t cover secured debts, so even after it’s discharged, there may still be a significant amount of debt left. Some of the benefits of filing Chapter 20 bankruptcy include:
Much like your original filing, choosing to double file with Chapter 20 will be specific to your situation, so it’s helpful to know the downsides as well:
Now that you know the pros and cons of filing Chapter 20 bankruptcy, here are some things to keep in mind before making the decision:
Before filing for bankruptcy again, keep in mind that both bankruptcies will stay on your credit report for seven to 10 years. When you file for bankruptcy again, both will show up on your credit report if the original bankruptcy has yet to expire.
Some of the negative effects of having multiple bankruptcies on your credit report include:
Not only does having two filings on your credit report cost you additional money, but it can cause you to lose an automatic stay, which prevents creditors from collecting debts when you file for bankruptcy. Filing again may remove this benefit, which means you’ll be paying even more money on a regular basis.
Bankruptcy is often the last resort for people, but there are alternatives to filing for bankruptcy again that you may want to keep in mind. If you’re able to take advantage of these alternatives, it could be better for your credit health.
Here are some alternatives people use to avoid bankruptcy:
As you can see, there are advantages and disadvantages to filing for bankruptcy multiple times. The biggest downside to filing for bankruptcy is that it harms your credit for years, which can make it difficult to manage your finances. But sometimes, bankruptcy is your best option, and in these cases, you could use additional help from professionals to repair your credit.
Lexington Law has a team of qualified legal professionals, and our clients have seen over 77 million removals from their credit reports since our founding in 2004. Our goal is not only to help you repair your credit but also to provide you with financial services to maintain healthy credit and avoid financial hardship in the future. To learn more about how we can help, contact us today for more information.
Note: Articles have only been reviewed by the indicated attorney, not written by them. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice; instead, it is for general informational purposes only. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client or fiduciary relationship between the reader, user, or browser and website owner, authors, reviewers, contributors, contributing firms, or their respective agents or employers.)
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