Skip to Content
Get In Touch, Hablamos Español! 213-344-0043
Top
How Often Can You File?

How Often Can You File Bankruptcy?

Can You File for Bankruptcy Multiple Times?

There are no limits to how many times you can file for bankruptcy, even if you have received a discharge before. If you want to file for bankruptcy again, you will need to wait a certain amount of time before you are able to discharge your debts again. If you file for bankruptcy before the time limits have passed, then it is likely you will not receive a full discharge.

Your ability to file another bankruptcy and thus receive a discharge are dependent on these things:

  • The type of bankruptcy you have previously filed
  • The type of bankruptcy you are seeking to file
  • How your previous bankruptcy was finalized: either through discharge, dismissal, or dismissal with prejudice
  • When you previously filed.

At RHM LAW LLP, we can evaluate your financial situation and advise whether you are eligible to file bankruptcy under any chapter of the Bankruptcy Code. From our offices in Los Angeles and Encino, our attorneys have helped thousands of clients throughout Southern California overcome financial hurdles. We are happy to meet with you in a free consultation and answer all your questions about repeat bankruptcy filings.

How Often Can Someone File for Bankruptcy?

  • Previously Filed Chapter 7 and Filing Chapter 7 Again: If you received a discharge in Chapter 7, you must wait 8 years from the date you filed that case before you can file another Chapter 7 and receive a discharge. The law allows you to file Chapter 7 bankruptcy once every eight years, up to a total of three times in your life.
  • Previously Filed Chapter 13 and Filing Chapter 13 Again: If you received a discharge in Chapter 13, you must wait 2 years from the date you filed that case before you can file another Chapter 13 and receive a discharge. It typically takes three to five years for a Chapter 13 to be complete. Once your first Chapter 13 is closed, you can be eligible for discharge in another Chapter 13 filing. There is no limit to how many times you can file for Chapter 13 bankruptcy. Even if you are currently ineligible to file Chapter 7, you may be able to find relief through Chapter 13 bankruptcy.
  • Previously Filed Chapter 7 and Filing Chapter 13 Now: If you received a discharge in Chapter 7, you must wait 4 years from the date you filed before you proceed with a Chapter 13. This is often called a Chapter 20 bankruptcy, and can be effective for paying off priority debts or catching up on a missed mortgage.
  • Previously Filed Chapter 13 and Filing Chapter 7 Now: If you received a discharge in Chapter 13, you must wait 6 years from the date you filed your previous case before you can file Chapter 7. However, the six year limit does not apply if, during the Chapter 13 you: 1) paid back all of your unsecured debts, or 2) paid back at least 70% of unsecured debts and your plan was proposed in good faith and your best effort.

As an example, you could file Chapter 7 bankruptcy to eliminate most of your unsecured debt. At some point down the road, you could file Chapter 13 bankruptcy, which would allow you to reduce certain payments, eliminate a second mortgage, removal all junior liens and pay off specific debts more quickly than without filing.

Was Your Bankruptcy Case Dismissed with Prejudice Restrictions?

A bankruptcy court can prohibit you from filing another bankruptcy case if the court dismisses your previous bankruptcy with prejudice. “Dismissed with Prejudice” typically means that you failed to obey the court’s orders or tried to abuse the bankruptcy system.

If this happens, a bankruptcy court can prohibit you from filing for another bankruptcy for a longer period of time than those specified above. A court is also able to forever preclude you from discharging debts that might have been discharged in the case that was dismissed with prejudice.

Experienced California Bankruptcy Lawyers

Have you previously filed for bankruptcy relief and are now wondering if you are eligible to file again? The attorneys at RHM LAW LLP can help. Call (213) 344-0043, or contact our firm online to arrange a free consultation.

Our bankruptcy professionals meet with clients from 7:00 a.m. to 7:00 p.m., Monday through Friday. Weekend appointments are also available.

Se habla español · Payment Plans Available

Client Reviews

What Clients Say About Working With Us
    "I cannot thank them enough for helping save my home. I would recommend them for anyone that is thinking about filing for bankruptcy or foreclosure on their home."
    I needed a bankruptcy attorney in Sherman Oaks and found Matt Resnik on Google. He has one of the best-reviewed bankruptcy law firms on Yelp so I decided to check it out his law firm for myself. I quickly found out that they are foreclosure specialists and they could help me with my issue. They made the process very easy for me and laid out my options for me. I cannot thank them enough for helping save my home. I would recommend them for anyone that is thinking about filing for bankruptcy or foreclosure on their home. They are the best bankruptcy law firm in Sherman Oaks.
    - Joseph R.
    "I filed bankruptcy with this firm 3 years ago and found that they are professional, friendly, and compassionate."
    I filed bankruptcy with this firm 3 years ago and found that they are professional, friendly, and compassionate. I also met with their loan modification department. Unfortunately, they were unable to help because of the type of loan that I have. I really appreciated that they did not lie, waste my time, or take my money in an attempt to modify a loan that was not doable. I've since used their firm for a couple of minor issues and found all of the attorneys to be knowledgeable and considerate. Attorneys Simon and Resnik are amazing!
    - Shannon J.
    "As the dank blanket of economic uncertainty continues to depress the hopes of many of us, I keep your business cards and number available for others."
    This is to thank you for the exceptional work of you and your fine staff. In managing my bankruptcy and loan modification, a nearly five-year effort, your performance was stellar. I never felt alone or adrift, key concerns in those circumstances. The outcome was outstanding. As the dank blanket of economic uncertainty continues to depress the hopes of many of us, I keep your business cards and number available for others. Without hyperbole, I can attest that you are present a beacon. Thank you so much.
    - K.C.
    "Was very impressed with the comprehensive professionalism of the firm..."

    Was very impressed with the comprehensive professionalism of the firm, especially Matthew Resnik... I had suffered through the incompetence of two previous bk lawyers not to mention fees far greater than anticipated, without resolution. Having never gone through bk before, I did not realize how difficult it could be...then, my case was turned over to Mr. Resnik...almost immediately there was a marked positive difference. Where there was little to no communication, all of a sudden I am getting updates...regularly. Further, my case was finally discharged...yet, Mr. Resnik continues to communicate, offer assistance...and, has NEVER asked for additional fees, which I am sure he could have justified...much unlike the two previous attorneys with which I was dealing. I have no reservations, whatsoever, referring and recommending Matthew Resnik for any and all business or personal bk issues...or, other wise. I have no doubt that he will be transparent on helping you regardless of the problem. Good guy.. good firm... a wonderful experience!

    - G.L
    "Matt and his staff conducted themselves with professionalism throughout the whole ordeal."
    I worked with Matt and his team for about a year to get through the paperwork shuffle and my personal experience was nothing short of fantastic. Legal situations have a tendency to get hairy, but Matt and his staff conducted themselves with professionalism throughout the whole ordeal. To keep it short, let's just say he under-promised and over-delivered.  Rarely would I ever say this about an attorney, but overall he was just a great guy. I would not hesitate to have him on my side of the courtroom again. World market is right across the street from his office and I even decided to get his staff a thank you / holiday gift card.  World market has excellent craft beer BTW, try the Einstock White Ale. They also validate parking. That just shows this isn't a fake review.
    - Dean C.
    "He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults."
    Fantastic office! I want to thank Matt for taking his time with me and sincere in his assistance. He spent over an hour with me for free during our initial consult. I left knowing exactly what's needed. He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults. Affordable and Outstanding firm and thank you for all you have done! My family thanks you!
    - David K.
    "He negotiated on my behalf with a credit card company and was able to settle with them for much lower than I could have on my own."
    I worked with David Kritzer at this firm, and he was great. He negotiated on my behalf with a credit card company and was able to settle with them for much lower than I could have on my own thanks to his knowledge and expertise in the field. If you have a debtor on your back go to him to get it taken care of.
    - Kelly S.
    "They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life."
    Matt and his team are the best!!  They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life. I never felt judged or looked down on. They were efficient and really were lifesavers during this tough time. I can not recommend them highly enough!!!!
    - Rusty H.
    "He made me feel like I had options, all was not lost, and I could rebuild my credit."
    Matt is the best bankruptcy attorney in Sherman Oaks. I consulted with Matt over a chapter 7 bankruptcy. I had issues with overwhelming credit card debt after Chase increased it's APR for no reason. It set off a chain of events that were really hurting me. He made me feel like I had options, all was not lost, and I could rebuild my credit after the 7. I had some concerns about a piece of property I was having issues with and Matt also turned out to be a real estate lawyer as well! I recommend this office to anyone who is unsure of their financial situation. It doesn't hurt to find out your options.
    - Max B.

Want a Fresh Start?

Schedule Your 30 Minute complimentary Consultation Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By providing my phone number to RHM Law LLP, I agree and acknowledge that RHM Law LLP may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”. For more information on how your data will be handled please See the Privacy Policy below;

    Privacy Policy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
    Acceptable Use Policy