Can You File Bankruptcy More Than Once in Pennsylvania? Understanding Your Options
Can You File Bankruptcy More Than Once in Pennsylvania? Understanding Your Options
Filing for bankruptcy is often a necessary step toward financial stability. But what happens if debt becomes overwhelming again? Many Pennsylvania residents wonder whether they can file bankruptcy more than once—and the answer is yes, under certain conditions. While multiple filings are allowed, the timing rules and consequences can vary depending on the type of bankruptcy you previously filed and the type you intend to file next.
At Tullio DeLuca Attorney, we help individuals across Pennsylvania understand their bankruptcy options and navigate the filing process with confidence.
Filing Bankruptcy More Than Once: What You Need to Know
Bankruptcy law allows repeat filings, but strict time limits determine when you can receive another discharge. These rules are designed to prevent misuse of the system while still offering a path to relief when financial circumstances change.
1. Filing Chapter 7 After a Previous Chapter 7
If you received a discharge in a past Chapter 7 case, you must wait eight years from the date of the first filing before filing Chapter 7 again.
2. Filing Chapter 7 After a Previous Chapter 13
You may file Chapter 7 six years after a prior Chapter 13 filing, unless:
- You paid at least 70% of unsecured debts in your Chapter 13 plan, and
- You made your best effort to repay creditors.
In those cases, you may not need to wait.
3. Filing Chapter 13 After a Previous Chapter 7
This is often called a “Chapter 20” scenario. You must wait four years from the filing date of the Chapter 7 before receiving a discharge in a new Chapter 13. However, you can file Chapter 13 sooner if you do not need a discharge, such as when catching up on mortgage or car payments.
4. Filing Chapter 13 After a Previous Chapter 13
If your prior Chapter 13 resulted in a discharge, you must wait two years from the filing date. Since most Chapter 13 repayment plans last three to five years, many people automatically meet this requirement.
Situations Where You Can File Again Without Waiting
You may be able to file bankruptcy without delay if:
- Your previous case was dismissed without a discharge.
- Your financial situation changed significantly.
- You need immediate protection from creditors through the automatic stay, though the stay may be limited in repeat filings.
An attorney can help you evaluate whether a new filing will give you the relief you need.
Why Timing Matters in Repeat Bankruptcy Filings
The waiting periods only apply if you want a discharge. If your goal is to reorganize debts or stop foreclosure, you may be able to file sooner, even though a discharge won’t be available.
Bankruptcy courts also examine whether a repeat filer is acting in good faith. Your current financial circumstances must justify a new filing.
Considering a Second Bankruptcy? Get Guidance Before Filing
Bankruptcy is a powerful tool for rebuilding financial security, but the rules surrounding repeat filings can be complicated. If you are unsure whether you qualify for another bankruptcy or what type is right for your situation, professional legal guidance can make all the difference.
At Tullio DeLuca Attorney, we assist Pennsylvania residents in exploring their debt relief options and determining the best time to file.











