How often can you file bankruptcy?

​You may file Chapter 7 bankruptcy every 8 years and receive a discharge. The time period is counted from the first filing date to the second filing date- Not from the first discharge (usually 4 months after the first filing date) to the second filing date. Other Chapter time restrictions on multiple discharges are as follows:

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• 8 years between Chapter 7’s.  

         See: 727(a)(8)

• 2 years between Chapter 13’s.  

         See: 1328(f)(2)

• 4 years between a Chapter 7 and Chapter 13. 

         See: 1328(f)(1)

• 6 years between a Chapter 13 and Chapter 7.*

         See: 727(a)(9)
         *Rule may be waived if 70% of unsecured creditors were paid in the Chapter 13
 
The above time periods are to be eligible for multiple discharges. That does not mean a debtor is ineligible to file. Although the goal of filing a bankruptcy usually is to obtain a discharge there are other reasons to file. One example is to file a Chapter 13 to stop a foreclosure. Another would be to file to regain possession of a repossessed vehicle. Ending wage garnishment or dealing with tax debt may be another reason to file when not eligible to receive a discharge.