When Can I File Bankruptcy Again? (Refiling Calculator)
If you filed bankruptcy before, the Bankruptcy Code sets waiting periods before a new case can produce another discharge — measured from the filing date of the earlier case, not the discharge date. This calculator applies 11 U.S.C. §§ 727(a)(8), 727(a)(9) and 1328(f).
When Can I File Bankruptcy Again?
The Waiting Periods (Discharge to Discharge)
| Previous case | New case | Wait (from prior filing date) |
|---|---|---|
| Chapter 7 | Chapter 7 | 8 years |
| Chapter 13 | Chapter 7 | 6 years (waived if the plan paid 100%, or 70% in a best-efforts plan) |
| Chapter 7 | Chapter 13 | 4 years |
| Chapter 13 | Chapter 13 | 2 years |
Important Nuances
- You can sometimes file sooner — the bars go to receiving a discharge, not to filing. A "chapter 20" (13 after 7) can still stop foreclosure and restructure debt without a discharge.
- Dismissed cases are different: if the prior case was dismissed (no discharge), these periods don't apply — but § 109(g) can impose a 180-day bar after certain dismissals, and repeat filings shorten the automatic stay under § 362(c)(3)-(4).
See also our guides to the Manhattan and Brooklyn bankruptcy courts.
Debt Trouble Again After a Prior Bankruptcy?
We map which chapter is available now, whether filing before discharge eligibility still solves the problem, and how to protect what you have rebuilt since the last case.
Talk to a Bankruptcy Attorney
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. He guides individuals and families through Chapter 7 and Chapter 13 bankruptcy and represents business owners under Chapter 11. He can be reached at 212-233-1233 or [email protected].
