Filing Intervals at a Glance
How long you must wait between bankruptcy filings depends on which chapters you file:
| Previous Filing | New Filing | Wait Period | Statute |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | 11 U.S.C. 727(a)(8) |
| Chapter 7 | Chapter 13 | 4 years | 11 U.S.C. 1328(f)(1) |
| Chapter 13 | Chapter 7 | 6 years (unless paid 100% or 70%+ in good faith) | 11 U.S.C. 727(a)(9) |
| Chapter 13 | Chapter 13 | 2 years | 11 U.S.C. 1328(f)(2) |
Important: These periods run from the filing date of the prior case to the filing date of the new case, NOT from discharge date. However, you cannot receive a discharge in the new case until the applicable period from the prior discharge date has passed.
Chapter 20 Strategy
A "Chapter 20" is not an official chapter - it is the strategy of filing Chapter 7 first (to eliminate unsecured debt) and then Chapter 13 (to deal with secured debt like a mortgage). This is legal but has important limitations:
- You can file Chapter 13 immediately after a Chapter 7 discharge
- You will NOT receive a discharge in the Chapter 13 if filed within 4 years of the Chapter 7 filing
- The Chapter 13 plan still provides structural benefits: automatic stay, lien stripping, mortgage cure - even without a discharge
Check Your Eligibility
Use the free 1328(f) Discharge Screener to check whether you are eligible for a new bankruptcy discharge based on your prior filing dates.
Bankruptcy Tools Network:
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · File Without a Lawyer · Rebuild Credit · Buy a House After · Buy a Car After
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · File Without a Lawyer · Rebuild Credit · Buy a House After · Buy a Car After