Filing again · Beverly Hills
Filing a Second Chapter 7: The Eight-Year Rule
You can get a second Chapter 7 discharge if you file at least eight years after the date you filed your first Chapter 7. Different waiting periods apply when Chapter 13 is involved, and they are counted from filing date to filing date. Call (310) 362-9071 and we will check your old filing date for you.
- The clock runs from filing date to filing date, not from the discharge date
- The waiting periods limit a discharge, not your right to file
- A case dismissed without a discharge does not start the eight-year clock
At a glance
How the eight-year rule works
The eight-year rule says you cannot get a Chapter 7 discharge if you received a Chapter 7 discharge in a case filed within the last eight years. The rule is in Section 727(a)(8) of the Bankruptcy Code.
Two details matter. First, the eight years run from the filing date of the old case to the filing date of the new one. The discharge date does not matter. Second, the rule only applies if the old case ended in a discharge. If your earlier case was dismissed, the eight-year rule does not apply, though other rules on repeat filings may.
Example: you filed Chapter 7 on March 10, 2018. Eight years later is March 10, 2026. To be safe, file the new case after that date, not on it. Filing one day early can cost you the discharge. Learn more about the full process on our Chapter 7 bankruptcy page.
Waiting periods for every combination
The waiting period depends on which chapter you filed before and which one you want now. All periods run from filing date to filing date, and all assume the first case ended in a discharge.
| First case (discharged) | New case | Wait before filing |
|---|---|---|
| Chapter 7 | Chapter 7 | 8 years |
| Chapter 13 | Chapter 7 | 6 years, with exceptions below |
| Chapter 7 | Chapter 13 | 4 years |
| Chapter 13 | Chapter 13 | 2 years |
The Chapter 13 exception. You do not have to wait 6 years after a Chapter 13 if your plan paid all of your unsecured creditors in full. The same is true if the plan paid at least 70% of their claims and was a good-faith, full effort to repay. If you are deciding between chapters now, our Chapter 7 vs. Chapter 13 comparison can help.
"Chapter 20": Chapter 13 right after Chapter 7
The waiting periods block a discharge. They do not stop you from filing. Some people file Chapter 13 bankruptcy soon after a Chapter 7, without waiting 4 years. This is often called "Chapter 20."
You do not get a second discharge in the Chapter 13. But the plan can still help. It can let you catch up on missed mortgage payments over time, pay tax debts that Chapter 7 did not wipe out, and stop collection while you pay. Your Chapter 7 discharge already took care of your personal liability on the other debts.
Chapter 20 is not right for everyone. The court looks closely at whether the second case is filed in good faith.
What to watch for: repeat-filing limits on the automatic stay
A separate set of rules applies if an earlier case was dismissed within the past year. These rules limit the automatic stay, the court order that stops collection when you file.
- One case dismissed in the past year. The stay ends on the 30th day after you file the new case. You can ask the court to extend it, but the hearing must be finished within those 30 days and you must show good faith.
- Two or more cases dismissed in the past year. The stay does not start at all. You can ask the court to impose it within 30 days, again by showing good faith.
- 180-day bar. If a case was dismissed because you willfully failed to follow court orders, or you dismissed it yourself after a creditor asked for relief from the stay, you may not be able to file again for 180 days.
If your last case was dismissed, read our page on refiling a dismissed bankruptcy before you file again.
How to find your old filing date
You need the exact filing date of your earlier case. Here are the usual ways to find it:
- Check your old papers. The petition and the discharge order both show the case number and filing date.
- Search PACER. PACER is the federal courts' online records system. You can search by your name and see the filing date. It charges a small fee per page.
- Call the court clerk. The bankruptcy clerk's office can look up a case by name.
- Ask us. We can help you find your prior filing date.
Your credit report may also list the old bankruptcy, but it does not always show the exact filing date. Use the court record.
What it costs
- Chapter 7: flat attorney fee from $1,200, plus the $338 court filing fee
- Chapter 13: attorney fee quoted in writing, and part of it can be paid through the plan
- Payment plans are available, and the first consultation is free
More on Chapter 7 bankruptcy
- Chapter 7 bankruptcy in Beverly Hills
- California Median Income Figures for the Means Test
- What Debts Are Wiped Out in Chapter 7
- Debts Chapter 7 Will Not Discharge
- Can I Keep My Car in Chapter 7?
- Can I Keep My House in Chapter 7?
- The Chapter 7 Timeline, From Filing to Discharge
- What the Chapter 7 Trustee Looks For
- Filing Chapter 7 With No Income or Between Jobs
- Filing a Second Chapter 7: The Eight-Year Rule
- Chapter 7 for Married Couples: Filing Alone or Together
- What Happens at the 341 Meeting of Creditors
- Redeeming a Car in Chapter 7
- Means test evaluation
- Reaffirmation agreements
Second Chapter 7 questions
Does the eight-year rule count from my discharge date?
No, the eight-year rule counts from the filing date of your first case, not the discharge date. It runs to the filing date of your new case.
Can I file Chapter 7 again if my first case was dismissed?
Yes, you can file Chapter 7 again if your first case was dismissed without a discharge. The eight-year rule does not apply. But a dismissal in the past year limits the automatic stay, and some dismissals bar a new filing for 180 days.
What happens if I file Chapter 7 before eight years are up?
If you file Chapter 7 before eight years are up, the court will not grant you a discharge. Your debts stay. In most cases there is no reason to file Chapter 7 early, so check the date first.
Can I file Chapter 13 after a recent Chapter 7?
Yes, you can file Chapter 13 after a recent Chapter 7, but you cannot get a Chapter 13 discharge until 4 years have passed between filings. The plan can still help you catch up on a mortgage or pay taxes.
Free consultation
Not sure if eight years have passed
Call (310) 362-9071 or send the form. We will check your prior filing date and tell you which chapter is open to you.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.