Bankruptcy Timing Rules: Waiting Periods and Refiling Limits
Bankruptcy relief is renewable, but on a schedule. A set of waiting-period rules controls how soon a filer who received one discharge can receive another, and separate rules limit the automatic stay when cases are dismissed and refiled quickly.
The discharge waiting periods
Chapter 7 to Chapter 7: eight years between filing dates. Chapter 13 to Chapter 13: two years. Chapter 7 then Chapter 13: four years. Chapter 13 then Chapter 7: six years, with exceptions when the earlier plan paid enough. The clock runs from the earlier case's filing date, not its discharge.
Filing without a discharge available
A filer inside a waiting period can still file a new Chapter 13 to use the automatic stay and repayment structure — the so-called 'Chapter 20' strategy after a recent Chapter 7 — without receiving a second discharge. It's a legitimate tool for curing mortgage arrears when timed correctly.
Refiling after dismissal
Dismissal is different from discharge: most dismissed filers can refile immediately, but the stay lasts only 30 days in a second case within a year and doesn't arise at all in a third — and a dismissal 'with prejudice' or after a voluntary dismissal following a stay-relief motion carries a 180-day refiling bar under § 109(g).
Exemption amounts and rule thresholds change on statutory schedules. See our monthly rule reports for the current figures with citations to the official sources.
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Bankruptcy.AI is a technology platform, not a law firm, and does not provide legal advice. Majors Law Group, P.C. is a separate, independent law firm. This page is general information and is not legal advice; outcomes depend on your specific facts.