This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Life can be unpredictable. Even after going through bankruptcy once, things like job loss, medical bills, or unexpected expenses can push someone back into financial distress. When that happens, many people wonder if they can file for bankruptcy again, especially under Chapter 13, which allows them to repay debt through a court-approved plan. The short answer is yes, but how often and when you can file depends on a few important rules.
Fleysher Law Bankruptcy & Debt Attorneys helps people understand how bankruptcy laws apply to repeat filings. Whether you’re considering a second bankruptcy case or you're simply exploring your best debt relief options, our team will walk you through every part of the process.
We explain timelines, waiting periods, and what steps to take to regain control. If you’re thinking about a new bankruptcy filing, we’ll help you decide the right time and strategy.
There is no rule in the bankruptcy code that prevents someone from filing Chapter 13 more than once. In fact, many people find themselves needing to file for bankruptcy again after their first case, and that is allowed under the law. What matters most is not how many times you've filed in total, but when your last case ended, whether it was discharged or dismissed, and what your current financial goals are.
The bankruptcy court will allow multiple bankruptcy filings over a lifetime if there’s a valid reason, but they will closely review the new case, especially if it’s being filed soon after a previous case. You still have to complete required steps like credit counseling, follow court procedures, and show that your income supports a new repayment plan.
While the law permits multiple bankruptcies, the timing and history of your bankruptcy filings can affect your protections and chances of success.
Many people are surprised to learn that you can file for bankruptcy more than once. Life changes, and so do personal finance situations. If your first bankruptcy filing helped for a while, but new debts or problems have come up, the law does not stop you from filing again. Whether your last case was dismissed, completed, or didn't cover all your debts, you are allowed to seek protection again under Chapter 13 if you qualify.
Each time you file, the bankruptcy court will look at your history, especially the reason your last case ended. If the court believes you're acting in good faith and following all legal steps, it may approve another bankruptcy petition.
This is why repeat filers must show clear changes in their financial situation and explain why the new filing is necessary. Still, while you can file again, getting a debt discharge might require waiting.
If you keep filing one case after another with no clear reason, the bankruptcy judge may start to question your intent. Repeated bankruptcy filings can look like an attempt to delay creditors or abuse the system. When this happens, courts can limit the protection you receive, like shortening or removing the automatic stay, the rule that stops collection while your case is open.
The court will also look at your previous case, payment records, and whether you completed your repayment plan or had it dismissed. If you’ve had multiple bankruptcies in a short period, you may have to explain your situation clearly. Filing again may still be allowed, but you will need to show that you’re acting in good faith and not using the bankruptcy process just to stall legal action.
If you received a discharge in a prior Chapter 13 case, you must wait two years from the original filing date to get a new discharge in another Chapter 13. Since most Chapter 13 cases take three to five years, this rarely causes a problem. However, if your first case was dismissed or voluntarily ended, the timeline may not apply, though the court may still examine your intent.
If you filed Chapter 7 bankruptcy and received a debt discharge, you must wait four years from the filing date before getting a discharge in a new Chapter 13 case. However, if your goal is to stop foreclosure or set up a debt repayment plan (not get a discharge) the court may allow your case sooner. This is sometimes called a Chapter 20 strategy.
If you received a Chapter 13 discharge, you must wait six years before filing a new Chapter 7 and receiving another discharge. There are exceptions. If you paid all of your unsecured debts or at least 70% of them under your repayment plan, you may be able to file sooner. Still, this is a rule the court will apply carefully.
Yes, but it may limit protections. You can file for bankruptcy even if you're not eligible for a new debt discharge yet. The court may still let you set up a plan, stop a wage garnishment, or delay foreclosure. However, you won’t get a fresh start unless the time limit for a discharge has passed. You must be clear on what protections are still available to you.
Many people file again without seeking a discharge because they want to catch up on missed payments, save their home, or make a new debt repayment plan. If your disposable income allows, the court may approve this as a way to manage debts better. This strategy can work well for those who have filed previously but now need a new legal solution.
The court will not approve a new bankruptcy case if it believes you are filing just to delay or avoid responsibility. Multiple bankruptcy filings without completing plans or following the rules can result in dismissal. If the court sees a pattern of abuse, it may even block you from filing again for a set time. Honest intent and proper filing matter every time.
Even the best plans can fall apart when income drops or medical bills pile up. If you lost your job or had a medical crisis, your original repayment plan may have failed through no fault of your own. A second or even third Chapter 13 filing can help you fix missed payments and recover financially when the first case no longer fits your life.
If your previous Chapter 13 case was dismissed for missed payments, that doesn’t mean you’re out of options. If your financial situation improves, you can try again. You must explain what went wrong and how your plan will succeed this time. The court is more likely to approve your new case if it sees you’re making a true effort to pay.
Sometimes new emergencies bring personal loans, medical expenses, or credit card balances that didn’t exist during your earlier case. When these unsecured debts get out of hand, filing for bankruptcy again under Chapter 13 may be the only way to stay afloat. New debt can be included in your updated plan, giving you room to breathe.
The bankruptcy court will look closely at your past cases, including how they ended, whether your payments were on time, and whether you followed all court orders. If your previously filed case was dismissed, you’ll need to explain why. The court uses this history to decide whether you qualify for legal protection under a new filing.
If you are filing again, you must prove that you’re filing in good faith, meaning you have a valid reason and you’re not abusing the system. A judge may look at how your last bankruptcy chapter ended, your income, and whether you tried to complete your plan. Courts expect honesty and full disclosure from all filers, especially those with multiple filings.
Normally, filing for bankruptcy gives you an automatic stay, which stops collections, lawsuits, and foreclosure. But if you’ve had multiple bankruptcies within one year, this protection might be shortened or denied. If your previous case was dismissed, the stay in your new case may last just 30 days, unless you ask the court to extend it. Timing really matters here.
An experienced bankruptcy attorney can guide you through the new rules and help you avoid the mistakes from your previous bankruptcy case. Whether you need a full discharge or just help catching up on payments, your lawyer will make sure you follow the right process under the bankruptcy code and give you a better shot at approval.
Once your new case is approved, you must follow the repayment plan exactly. Missing payments can lead to dismissal. Set reminders, stay on top of income changes, and communicate with the trustee if problems come up. Courts are more forgiving when you show effort and responsibility during the plan.
Keep records of why you're filing again, especially if your case depends on changed circumstances. Whether it’s medical bills, job loss, or increased costs, show proof. You may also need updated income forms or credit counseling certificates. Keeping your paperwork in order helps the court understand and support your situation.
1. How Soon Can I File Bankruptcy Again if My Last Case Was Voluntarily Dismissed?
If your previous case was voluntarily dismissed, you may be able to file again right away, but the waiting period depends on several factors. The court may review why the case was dismissed and whether you followed the rules. In some situations, you may lose protection like the automatic stay, which normally stops creditors from collecting during a case.
2. Will Bankruptcy Affect My Credit Report Again if I File More Than Once?
Yes, each time you file for bankruptcy, it will appear on your credit report. Multiple bankruptcy filings can lower your score further, but over time, your credit can recover. If you successfully complete a plan and avoid missed payments, your score may improve faster than if you left debts unpaid.
3. Should I Try Debt Consolidation or a Debt Management Plan Instead of Filing Again?
If your total debt is manageable and mostly unsecured, debt consolidation or a debt management plan may be good options. These methods can reduce interest and combine payments. However, if you’re facing lawsuits, garnishment, or large secured debts, you may still need to declare bankruptcy to get full protection and long-term bankruptcy relief.
4. What if I Forgot Paperwork or Had Missing Documentation in My Last Case?
If your case was dismissed because of missing documentation, you must fix the issue before filing again. The bankruptcy trustee and the court need full, accurate records of income, property, and debts included in the case. Getting professional advice before refiling can prevent mistakes and help your case move forward smoothly.
5. Can I Include Child Support in My New Bankruptcy Proceeding?
No, child support is not dischargeable and cannot be erased in any bankruptcy proceeding. Even if you qualify under the means test and file a new case, you must keep paying child support. However, filing may help you restructure other debts so you can stay current on support payments without falling further behind.
If you’ve been through bankruptcy before but still need help with debt, we understand how hard that can be. At Fleysher Law Bankruptcy & Debt Attorneys, we work with people across Florida to figure out if another bankruptcy filing is the right choice. Whether you need to stop foreclosure, repay missed bills, or adjust to changes in income, our team will give you clear advice and a path forward.
The rules around multiple bankruptcy filings can be complex, but you don’t have to guess. We’ll look at your discharge date, your previous case, and your current income to help you get the best outcome. With the right help, a second or even third filing can offer real debt relief and protection.
Call us today for a free consultation with an experienced team that’s ready to help you get back on track.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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