Filing Again After Chapter 13

Chapter 13 cases have the highest repeat-filing rate of any bankruptcy chapter. Whether your prior Chapter 13 ended in a discharge, a dismissal, or a conversion, your options for filing again depend on how that case ended and when it was filed.

Discharged Chapter 13: Your Two Paths

If your prior Chapter 13 case resulted in a discharge, you successfully completed your repayment plan. Now you need to know how long to wait before filing again.

Path 1: Chapter 13 After Chapter 13

2-year waiting period

Under 11 U.S.C. Section 1328(f)(2), you cannot receive a Chapter 13 discharge if you received a Chapter 13 discharge in a case filed within the preceding 2 years. This is the shortest waiting period in the Bankruptcy Code.

The 2-year period runs from the filing date of your prior case to the filing date of your new case. Since Chapter 13 plans run 3 to 5 years, and the clock starts when you filed (not when you received the discharge), most people who completed a Chapter 13 plan are already past the 2-year mark by the time they receive their discharge.

Path 2: Chapter 7 After Chapter 13

6 years (with exceptions)

Under 11 U.S.C. Section 727(a)(9), you generally cannot receive a Chapter 7 discharge if you received a Chapter 13 discharge in a case filed within the preceding 6 years. However, there are two exceptions:

Your prior Chapter 13 plan paid 100% of allowed unsecured claims, or
Your plan paid at least 70% of allowed unsecured claims AND was proposed in good faith AND represented your best effort

If either exception applies, the 6-year bar does not apply and you can file Chapter 7 immediately.

Dismissed Chapter 13: A Different Situation

Dismissed Does Not Mean Discharged

This is the most important distinction for Chapter 13 repeat filers. If your Chapter 13 case was dismissed, you did not receive a discharge. The waiting periods above (2 years and 6 years) only apply to cases that ended in a discharge. If your case was dismissed, those bars do not apply.

Chapter 13 dismissals are extremely common. Cases get dismissed for many reasons:

Failure to make plan payments
Failure to file required documents (tax returns, pay stubs)
Failure to confirm a plan within the required timeframe
Change in circumstances that makes the plan infeasible
Voluntary dismissal by the debtor

If your case was dismissed, you can generally file a new case right away. But you need to watch for two traps.

Trap 1: The 109(g) Filing Bar

Section 109(g) imposes a 180-day bar on filing a new case if your prior case was dismissed under certain circumstances. Specifically, you cannot file a new case within 180 days if:

Your prior case was dismissed for willful failure to abide by court orders or to appear before the court, or
You voluntarily dismissed your prior case after a creditor filed a motion for relief from the automatic stay

Full guide to dismissed vs. discharged cases.

Trap 2: Automatic Stay Limitations

If your prior case was dismissed within the last year, the automatic stay in your new case will be affected:

One prior dismissal in the last year: The stay automatically terminates after 30 days unless you file a motion to extend it and show good faith.
Two or more prior dismissals in the last year: You get no automatic stay at all unless you file a motion to impose it.

This is critical for Chapter 13 filers because the automatic stay is often the primary reason for filing -- it stops foreclosures, repossessions, and wage garnishments. If your stay expires or never takes effect, you lose that protection.

The Serial Filing Problem

Some people file Chapter 13 cases repeatedly -- filing, getting dismissed, filing again, getting dismissed again. Courts and trustees refer to this pattern as "serial filing." While the Bankruptcy Code does not explicitly prohibit serial filing, courts can and do take action:

Filing bars: Courts can impose filing bars as a condition of dismissal, preventing you from filing a new case for a specified period (often 180 days to 2 years).
In rem orders: Under Section 362(d)(4), courts can enter orders that strip automatic stay protection from specific property in any future case.
Bad faith dismissals: If the court finds your filing was in bad faith, it can dismiss with prejudice, which typically includes a filing bar.

Converted Chapter 13 Cases

If your Chapter 13 case was converted to Chapter 7 (rather than dismissed), the analysis changes. The case is treated as if it was originally filed under Chapter 7 as of the original filing date. If you received a discharge in the converted Chapter 7 case, the waiting periods for filing after Chapter 7 apply. See our after Chapter 7 guide.

Timing Strategy

Because the 2-year period under Section 1328(f)(2) runs from filing date to filing date, and Chapter 13 plans run 3-5 years, most people who complete their plan have already satisfied the 2-year waiting period by the time they receive their discharge. In practice, the 2-year bar mainly affects people whose plans were completed early (hardship discharge cases) or who are filing very shortly after a prior filing.

Find your earliest filing date

Enter your prior Chapter 13 filing date and see when you become eligible for each chapter.

Open the Calculator

You can also screen your prior case at 1328f.com to verify discharge eligibility across all 94 federal districts.

This site provides general information about bankruptcy law and does not constitute legal advice. No attorney-client relationship is created by using this site. Consult a licensed attorney for advice about your specific situation.