How Often Can I File for Bankruptcy?

Q: What Are the Different Types of Bankruptcy?

There are two common types of consumer bankruptcy:nChapter 7 bankruptcy, often called ‘liquidation bankruptcy,’ typically eliminates most unsecured debts within three to six months. In this process, a trustee may sell certain non-exempt assets to repay creditors, though many filers keep most or all of their property through exemptions.nChapter 13 bankruptcy, by contrast, creates a three-to-five-year repayment plan that allows you to catch up on missed payments while keeping your assets. This reorganization bankruptcy requires you to use your disposable income to repay a portion of your debts over time, with the remaining eligible debts discharged upon successful completion of your payment plan.

May 2, 2025

Get Experienced Bankruptcy Legal Assistance with the Baltimore Bankruptcy Lawyers at LeViness, Tolzman & Hamilton Today

During overwhelming financial difficulties, some people consider bankruptcy as a solution to clear their debts, and if this is you, you might wonder how often you can file for bankruptcy. The bankruptcy code in Baltimore establishes specific waiting periods between filings that vary depending on the type of bankruptcy you have previously filed and the type you wish to file now. Let our Baltimore bankruptcy lawyers at LeViness, Tolzman & Hamilton guide you through these complex regulations to help you make informed decisions about your financial future.

What Are the Different Types of Bankruptcy?

There are two common types of consumer bankruptcy:

Chapter 7 bankruptcy, often called ‘liquidation bankruptcy,’ typically eliminates most unsecured debts within three to six months. In this process, a trustee may sell certain non-exempt assets to repay creditors, though many filers keep most or all of their property through exemptions.
Chapter 13 bankruptcy, by contrast, creates a three-to-five-year repayment plan that allows you to catch up on missed payments while keeping your assets. This reorganization bankruptcy requires you to use your disposable income to repay a portion of your debts over time, with the remaining eligible debts discharged upon successful completion of your payment plan.

How Often Can You File Chapter 7 Bankruptcy?

The bankruptcy code imposes an eight-year waiting period between Chapter 7 discharges, which means that you must wait a full eight years from the date you filed your previous Chapter 7 bankruptcy before filing another Chapter 7 case. Importantly, the clock starts running from the filing date of your previous bankruptcy case, rather than when you received your discharge. The law imposes this waiting period to prevent abuse of the bankruptcy system and encourage responsible financial management. During this interim, you can work on rebuilding your credit score and establishing better financial habits. You technically can file another Chapter 7 case before the eight-year period expires; however, you would not receive a discharge of your debts.

What Is the Waiting Period for Chapter 13 Bankruptcy?

The waiting period for filing a successive Chapter 13 bankruptcy is considerably shorter than that for Chapter 7—only two years from the date of your previous filing. And, since a Chapter 13 repayment plan typically lasts three to five years, this waiting period rarely affects you in practice. Debtors usually complete their first plan and become eligible to file again immediately, if necessary. The law allows for a shorter waiting period under Chapter 13 because debtors pay off their debts through a repayment plan, as opposed to a complete discharge under Chapter 7.

Can You Switch Between Bankruptcy Chapters?

If you previously received a Chapter 7 discharge, you must wait four years from the filing date before filing for Chapter 13 bankruptcy. This is a shorter waiting period than the eight-year period between Chapter 7 declarations, provided by the law as recognition of your willingness to repay some of your debts under Chapter 13. Conversely, if you received a Chapter 13 discharge and now wish to file for Chapter 7, you typically need to wait six years from your Chapter 13 filing date.

Are There Limits on the Number of Times You Can File for Bankruptcy?

While the law does not impose a hard limit on how many times you can file for bankruptcy throughout your lifetime, you may run into some practical limitations. The waiting periods between discharges effectively regulate how often you can meaningfully use bankruptcy for debt relief, and having multiple bankruptcies on your credit report can severely impact your creditworthiness. Additionally, if a bankruptcy judge decides that your repeated filings indicate an abuse of the system, they have considerable discretion to dismiss your case with prejudice or even bar you from filing again for an extended period. You should always view bankruptcy as a last resort rather than a routine financial strategy.

Get Experienced Bankruptcy Legal Assistance with the Baltimore Bankruptcy Lawyers at LeViness, Tolzman & Hamilton Today

Navigating bankruptcy timing rules requires detailed knowledge of bankruptcy law and careful consideration of your unique financial situation, so trust the Baltimore bankruptcy lawyers at LeViness, Tolzman & Hamilton to help you find the most effective path to financial recovery. Call us at 800-547-4LAW (4529) or contact us online for a free consultation.

We have offices in Baltimore and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.