How many times can you file for bankruptcy?

When debt becomes overwhelming, bankruptcy can feel like the only way out. And for millions of Americans each year, it is an effective path out of serious debt, offering a legal route to discharge unsecured balances, stop collection calls and start over. But if you’ve been through bankruptcy before, or you’re wondering whether you could use it again down the road, you might be surprised to learn that filing isn’t a one-and-done option.

That’s because the rules around bankruptcy are more nuanced than many people realize. Between the different chapters available to individual filers, the waiting periods in between filings and the strategic decisions that go into choosing one type over another, the bankruptcy process is far more layered than simply walking into a courthouse and asking for relief. And, getting the details wrong can cost you, either by leaving you ineligible for a discharge or by forcing you to wait years longer than necessary to file.

So before you assume bankruptcy is off the table — or that you can file again whenever you want — it’s worth understanding exactly how the system works. How many times can you really file for bankruptcy, though? The answer to that question might surprise you.

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How many times can you file for bankruptcy?

There’s technically no hard cap on the number of times you can file for bankruptcy. The law doesn’t say “two strikes and you’re out.” What it does impose, however, are mandatory waiting periods between filings, and those timelines vary depending on which chapters are involved.

Most individual filers choose between Chapter 7 and Chapter 13 bankruptcy. Chapter 7, sometimes called liquidation bankruptcy, can wipe out unsecured debts like credit cards and medical bills relatively quickly, typically within a few months. Chapter 13, on the other hand, involves a three- to five-year repayment plan and allows filers to catch up on secured debts, like mortgages.

If you’ve previously filed Chapter 7 and want to file for a Chapter 7 bankruptcy again, you’ll need to wait eight years from the date of your first filing before you can receive another discharge. That’s a significant gap, and it’s designed to prevent abuse of the system. If you filed Chapter 7 previously and want to file Chapter 13 next, the waiting period drops to four years. Filing Chapter 13 after a prior Chapter 13 requires a two-year wait, and filing Chapter 13 after Chapter 7 requires four years.

One important distinction to make, though, is that you can technically file a new bankruptcy case before those waiting periods expire, but you won’t receive a discharge of your debts. That means creditors could still come after you once the case concludes. For most people, a discharge is the whole point, so the waiting periods are effectively the real limitation.

There’s also the matter of your credit. Even if you’re legally eligible to file again, a prior bankruptcy stays on your credit report for seven to 10 years, depending on the chapter filed. A second bankruptcy can compound that damage and make recovering financially significantly harder.

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What other debt options should you consider?

Given those waiting periods — and the lasting credit consequences — filing for bankruptcy is rarely the right first move. For many people carrying significant unsecured debt, like credit cards or personal loans, there are debt relief options that can offer a path to resolution without the legal and credit fallout that comes with a bankruptcy filing.

Debt forgiveness, for example, which is also commonly called debt settlement, involves working with a debt relief company or negotiating directly with your creditors to settle your debt for less than the total balance to reduce the amount you owe. While the outcome varies, many creditors will agree to settle for 30% to 50% less than the full balance rather than risk getting nothing at all, particularly if accounts are already delinquent. While settling your debt does have credit implications, they’re often less severe than a bankruptcy.

Working with a credit counseling agency on a tailored debt management plan is another option that’s typically worth exploring. These programs consolidate your monthly payments into a single amount and may secure reduced interest rates and fees from creditors, helping you pay off debt faster without settling for less or filing for court protection.

If you’re not sure which option makes sense, or whether one of your other options, like debt consolidation or a hardship program, would work better, it may benefit you to speak with a certified credit counselor, a debt relief expert or a bankruptcy attorney who can help you map out your options before committing to a path.

The bottom line

There’s no legal limit on how many times you can file for bankruptcy, but waiting periods between filings can stretch up to eight years and the credit consequences of multiple filings can follow you for over a decade. So, before heading back to bankruptcy court, it’s worth exploring debt relief alternatives that may help you resolve what you owe faster and with less long-term financial damage.