Can You File Bankruptcy Three Times? What You Need to Know
Bankruptcy can provide a crucial financial lifeline for individuals drowning in debt. But what if you've already filed for bankruptcy twice? can you file bankruptcy 3 times ? The short answer is yes—there is no legal limit on the number of times you can file for bankruptcy in your lifetime. However, there are important rules about how often you can receive a discharge, which is the court order that wipes out qualifying debts.
In this blog, we’ll explain how filing bankruptcy multiple times works, the time limits involved, and what to consider if you're thinking about filing bankruptcy for the third time.
No Lifetime Cap, But Time Limits Apply
Bankruptcy laws under the U.S. Bankruptcy Code do not restrict how many times you can file for bankruptcy. You could, technically, file as often as needed. However, there are strict waiting periods between discharges—the court’s official forgiveness of your debts.
This means that although you can file three times (or more), you might not receive a debt discharge each time, depending on how long it has been since your last case.
Timeframes Between Bankruptcy Discharges
Here’s how the waiting periods generally work if you want another discharge:
1. Chapter 7 after Chapter 7
If you received a discharge under Chapter 7 before, you must wait 8 years from the date of filing the first Chapter 7 before you can file and get a discharge in a second Chapter 7.
2. Chapter 13 after Chapter 13
If you received a discharge under Chapter 13, you must wait 2 years from the date of filing the first Chapter 13 case to file and get a discharge in another Chapter 13.
3. Chapter 7 after Chapter 13
If you received a discharge under Chapter 13, you must wait 6 years from the date of filing the Chapter 13 before you can file Chapter 7 and receive a discharge.
There are exceptions if you paid 100% of unsecured debts (or at least 70% with your best effort).
4. Chapter 13 after Chapter 7
If you received a discharge under Chapter 7, you must wait 4 years from the date of filing that Chapter 7 to file Chapter 13 and get a discharge.
Can You File Even If You Don't Qualify for a Discharge?
Yes. You could still file a bankruptcy case even if you’re not eligible for a discharge due to time limits. People sometimes do this for reasons like:
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Stopping a foreclosure or repossession: Filing bankruptcy triggers an filing for bankruptcy in south carolina , which immediately stops most collection actions, even if you won't receive a discharge.
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Setting up a repayment plan: A Chapter 13 might still let you catch up on mortgage or car payments under court supervision, even if you can’t wipe out old debts.
However, it’s important to consult a bankruptcy attorney to see if this is practical for your situation.
Will Filing Bankruptcy Three Times Hurt Your Credit?
The short answer is yes, but probably not more than you might expect. Filing bankruptcy multiple times shows lenders a pattern of financial distress, making it harder to get credit. A Chapter 7 stays on your credit report for 10 years, and a Chapter 13 stays for 7 years.
If you’re filing for the third time, it could indicate to creditors that you’re a higher-risk borrower, which means higher interest rates or outright credit denials. That said, for many people deeply in debt, bankruptcy is still the better long-term option compared to struggling with unpayable bills and lawsuits.
Why You Should Work with a Bankruptcy Attorney
Bankruptcy laws are complex, and repeat filings are even more complicated. There may be disputes over whether you qualify for another discharge, and creditors might try to challenge your automatic stay protections if they believe you’re abusing the system.
A bankruptcy lawyer can help by:
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Calculating your eligibility for another discharge
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Helping protect your home and assets
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Negotiating with creditors
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Ensuring you comply with court rules to avoid case dismissal
Bottom Line: Filing Bankruptcy Three Times Is Possible
Yes, you can file bankruptcy three times—or even more—but qualifying for a discharge each time is governed by strict rules. It’s crucial to understand how long you must wait between filings and what other legal consequences might apply.
If you’re considering a third bankruptcy, don’t make this decision alone. Consulting an experienced bankruptcy attorney can help you explore your options, avoid costly mistakes, and create a plan to rebuild your financial life.