How Long Do I have to Wait Before I Refile Bankruptcy?

Bankruptcy laws restrict how often a client is able to refile bankruptcy cases in two important
ways: Successful cases usually mean client must await refiling to avoid repetitive discharges; and. Unsuccessful cases mean a client must wait in order to avoid a situation where creditors are powerless to collect on their debts because the debtor is always protected by a newly filed bankruptcy case.

A successful bankruptcy is one in which a debtor completes the process and receives a
bankruptcy discharge. Following a Chapter 7 discharge, a client is not eligible to file a new Chapter 7
case until 8 years have passed since the date he or she filed the first case. It is the filing date and not the later discharge date that is the starting point. To file a Chapter 13 requires a wait of only 4 years after the filing date of a successful Chapter 7 case. Other wait times exist depending on case specifics, and it is best to seek the advice of an attorney before refiling any bankruptcy case.

An unsuccessful bankruptcy means that a client is eligible to file a second case immediately, but that case is slightly less powerful than the first. It requires a special motion filed by an attorney in order  to ensure that the filer is protected by the extended bankruptcy stay. If this second case is dismissed, then a client may file a third case pending within 12 months, but this third case is virtually powerless absent an immediate motion and hearing before a judge. Because multiple filings are discouraged and get decreasingly powerful, it is best to seek an attorney’s advice early in the process to avoid losing your first and best bankruptcy case.