Attorney at Debt Advisors Law Offices
Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Stop Foreclosure
Bankruptcy often feels like a last resort, but for many people it provides a chance to reset financially and move forward. What surprises some is that filing bankruptcy isn’t always a one-time event. Life changes like job loss, medical bills, or divorce can force people to consider bankruptcy more than once. The question is: how many times can you actually file bankruptcy, and what rules control the timing?
This guide explains how multiple bankruptcy filings work, the waiting periods you must follow, and what these rules mean for individuals and families in Wisconsin.
Yes, you can. The U.S. Bankruptcy Code allows multiple filings during your lifetime, but the law sets strict timeframes between discharges. The key point is understanding the difference between simply filing and actually receiving a discharge. A filing starts the case, but a discharge is what erases or restructures your debts.
Studies show that about 8–10% of people who file bankruptcy have done so at least once before. This shows repeat bankruptcies are not unusual, though each case depends on the person’s financial situation and the chapter they choose.
Under the U.S. Bankruptcy Code, the waiting period for filing again depends on which chapter was used and whether a discharge was granted.
Different timeframes apply depending on which type of bankruptcy you filed before and what you want to file next. The two most common types are Chapter 7 in Wisconsin, which eliminates many unsecured debts, and Chapter 13 in Wisconsin, which reorganizes debt into a repayment plan.
If you received a discharge under Chapter 7, you must wait eight years from the date you filed the first case before filing another Chapter 7.
If your debts were discharged in Chapter 13, you can file another Chapter 13 after two years from the filing date of the first case.
If you completed a Chapter 7 and received a discharge, you must wait four years before filing a Chapter 13 case.
If you had debts discharged in a Chapter 13 case, you cannot file a Chapter 7 within six years unless you paid creditors a certain portion of what you owed under your repayment plan.
It’s also important to note that dismissed cases are different from discharged cases. If your case was dismissed, the court may allow you to refile sooner, but repeated dismissals can lead to restrictions.
| First Filing | Second Filing | Minimum Wait Time (If Discharged) |
| Chapter 7 | Chapter 7 | 8 years from filing date |
| Chapter 13 | Chapter 13 | 2 years from filing date |
| Chapter 7 | Chapter 13 | 4 years |
| Chapter 13 | Chapter 7 | 6 years unless repayment threshold met |
This table shows how the time limits work under federal law. Knowing these rules helps you avoid filing too early and missing eligibility for a discharge.
Life rarely follows a straight path, and financial difficulties can strike more than once. Some of the most common reasons people end up filing multiple bankruptcies include divorce, medical emergencies, loss of employment, or rising costs of living. For younger families, these challenges often come in waves, leading to more than one filing over time.
While some view multiple filings as failure, bankruptcy is actually a legal tool created to give people a fresh start. For many, Chapter 13 provides breathing room through repayment, while Chapter 7 clears the slate after years of unmanageable debt.
Bankruptcy is governed by federal law, but each state has its own exemptions. Wisconsin follows federal rules on filing frequency, so the waiting periods above apply in the same way here. What changes from state to state are the exemptions that determine what property you can protect.
For Wisconsin residents, understanding both federal bankruptcy law and state exemption rules is key. For example, Wisconsin allows certain exemptions for homestead property and personal belongings, which play a big role in deciding whether Chapter 7 or Chapter 13 is the right choice. You can learn more by reviewing resources from the U.S. Courts Bankruptcy Basics website.
Bankruptcy is not the only option. Some people consider debt settlement, but this often comes with risks like tax consequences and creditor lawsuits. Chapter 13 may be a better choice for those trying to stop foreclosure or eviction because it creates a repayment plan that can protect your home.
Lawmakers have also debated changes to student loan discharge rules, though as of now, most student debt is not easily discharged in bankruptcy. Staying updated on these legal developments can make a major difference in your financial planning.
If you’re considering another filing, professional guidance is important. Timing, eligibility, and local rules can all affect whether bankruptcy is the right move for you.
Yes, but dismissal rules vary. Courts may allow quick refiling, though repeated dismissals can limit protections like the automatic stay.
Each filing lowers credit, but impact depends on past scores and discharge status. With responsible steps, credit can begin improving within a few years.
You may be allowed to file, but you won’t qualify for a discharge. That means your debts will remain legally enforceable by creditors.
Yes. Sometimes called a “Chapter 20,” this approach helps manage debts not cleared by Chapter 7, such as certain secured loans.
There is no lifetime cap, but courts enforce waiting periods and may dismiss cases if filings appear abusive or in bad faith.
You may request a modification, but failure to pay could result in dismissal. Legal advice ensures your plan remains workable.
Filing bankruptcy more than once is possible, but each new case comes with strict waiting periods and eligibility rules. For Wisconsin residents, federal timelines control when a new filing can receive a discharge, and state exemptions determine what assets can be protected.
Repeat bankruptcies often stem from real challenges like medical debt or job loss, not poor planning. Understanding the law and getting advice from a qualified Wisconsin bankruptcy attorney can make all the difference in finding the right solution.
If you are considering filing again, Debt Advisors Law Offices can help you review your options under both federal and Wisconsin law. Our team provides free consultations so you can make informed decisions about your financial future.
Learn about bankruptcy protections, types of bankruptcy, how to get started, what to expect, and who to trust. Filing bankruptcy is the ONLY way to completely eliminate debt. If bankruptcy is right for you, it offers powerful protections that cannot be achieved through alternative solutions such as hardship relief, loans, or debt settlement.
