When Can I File Bankruptcy Again?

Use this free calculator to find your earliest eligible filing date. Enter the date your prior case was filed, the chapter of your prior case, and the chapter you want to file now. The calculator will tell you whether the waiting period has passed and, if not, when it will.

How This Calculator Works

The calculator applies the three federal statutes that control bankruptcy refiling eligibility:

• Section 727(a)(8): 8-year bar for Chapter 7 after Chapter 7 (or Chapter 11)
• Section 727(a)(9): 6-year bar for Chapter 7 after Chapter 13 (or Chapter 12)
• Section 1328(f): 4-year bar for Chapter 13 after Chapter 7/11/12; 2-year bar for Chapter 13 after Chapter 13

All waiting periods are measured from the filing date of the prior case to the filing date of the new case. If your prior case was dismissed (not discharged), the discharge bars do not apply, but you should check whether the 180-day filing bar under Section 109(g) applies to your situation.

Important Limitations

This calculator tells you the earliest date you can file and be eligible for a discharge. It does not account for:

• Court-imposed filing bars from prior dismissals
• The Section 109(g) 180-day bar for certain dismissed cases
• The Section 727(a)(9) exceptions for 100% or 70%+ payment plans
• Automatic stay limitations under Section 362(c)(3) and (c)(4)
• Means test qualification for Chapter 7

For a complete analysis of your situation, consult with a bankruptcy attorney. For more information about the waiting periods, see our detailed waiting periods guide.

If you want to check whether your prior case appears in court records, you can use the free screener at 1328f.com, which covers all 94 federal bankruptcy districts.

This calculator provides general information only and does not constitute legal advice. No attorney-client relationship is created by using this tool. The results are based on federal bankruptcy statutes and do not account for local rules, court orders, or individual circumstances. Consult a licensed attorney for advice about your specific situation.