Short answer: There is no legal limit on how many times you can file bankruptcy in Florida — but there are strict waiting periods before you can receive another discharge (the court order that wipes out your debts). The clock runs from filing date to filing date: 8 years between two Chapter 7 discharges, 2 years between two Chapter 13 discharges, 4 years from a Chapter 7 to a Chapter 13 discharge, and generally 6 years from a Chapter 13 to a Chapter 7 discharge. Filing too soon doesn’t get your case thrown out — it just means no discharge at the end.
The Waiting Periods at a Glance
| Prior case | New case | Waiting period | Code section |
|---|---|---|---|
| Chapter 7 (discharged) | Chapter 7 | 8 years | 11 U.S.C. § 727(a)(8) |
| Chapter 7 (discharged) | Chapter 13 | 4 years | 11 U.S.C. § 1328(f)(1) |
| Chapter 13 (discharged) | Chapter 13 | 2 years | 11 U.S.C. § 1328(f)(2) |
| Chapter 13 (discharged) | Chapter 7 | 6 years* | 11 U.S.C. § 727(a)(9) |
*The 6-year bar does not apply if your prior Chapter 13 plan paid unsecured creditors in full, or paid at least 70% under a plan proposed in good faith that represented your best effort.
These are federal rules, so they apply the same way in Florida as everywhere else — whether you file in the Southern District of Florida in Fort Lauderdale or anywhere else in the state.
The Clock Runs From Filing Date to Filing Date
A common and costly misunderstanding: the waiting period is measured from the date you filed the earlier case, not from the date you received your discharge. If you filed a Chapter 7 on March 1, 2019 and were discharged in July 2019, you become eligible for a new Chapter 7 discharge on March 1, 2027 — eight years after the filing date. Because a Chapter 13 plan itself lasts three to five years, the 2-year Chapter 13-to-Chapter 13 window means most Chapter 13 debtors can file again almost immediately after completing a plan.
What If the Prior Case Was Dismissed, Not Discharged?
The waiting periods above only apply when the earlier case ended in a discharge. If your prior case was dismissed — for example, because you missed plan payments — the discharge bars generally don’t apply. Two other rules kick in instead:
- The 180-day bar (§ 109(g)): you cannot refile for 180 days if your case was dismissed for willful failure to obey a court order or to appear, or if you voluntarily dismissed it after a creditor asked the court to lift the automatic stay.
- Limits on the automatic stay (§ 362(c)(3)–(4)): if you had one case dismissed within the past year, the automatic stay in your new case expires after just 30 days unless the court extends it. With two or more dismissals in a year, no stay arises at all unless you ask the court to impose one. This matters enormously if you’re refiling to stop a foreclosure or repossession — the protection you’re counting on may vanish in a month unless your attorney files the right motion fast.
Filing Without a Discharge: When It Still Makes Sense
Because the bars only block the discharge — not the filing — there are situations where filing “too early” is still a legitimate strategy. The best-known is the so-called “Chapter 20”: a Chapter 7 that wipes out unsecured debt, followed shortly by a Chapter 13 that uses the repayment plan to catch up on mortgage arrears or manage debts that survived the Chapter 7, such as certain taxes. The debtor knows no second discharge is coming within four years — the value is in the structured repayment and the automatic stay, not the discharge. Whether this fits your situation depends on the numbers and should be evaluated by a bankruptcy attorney.
Should You Wait or File Now?
If you’re close to a deadline, the math matters. Filing a Chapter 7 six months before the 8-year mark means losing the discharge entirely; waiting six months preserves it. On the other hand, if a wage garnishment or foreclosure sale won’t wait, a Chapter 13 filed today may protect you even when a Chapter 7 discharge isn’t yet available. An experienced South Florida bankruptcy lawyer will pull the exact filing dates from your prior case docket and map out which chapter — and which timing — actually protects you.
Frequently Asked Questions
Is there a lifetime limit on bankruptcy filings?
No. The Bankruptcy Code contains no lifetime cap. The only limits are the discharge waiting periods and the refiling restrictions described above.
Does the 8-year rule apply if my first Chapter 7 was denied a discharge?
The 8-year bar in § 727(a)(8) applies when you received a discharge in the earlier case. If the discharge was denied or waived, different rules apply — some of them harsher, since debts scheduled in a case where discharge was denied can become permanently non-dischargeable. Get legal advice on the specifics.
Can filing again stop a foreclosure a second time?
Sometimes — but if a prior case was dismissed within the last year, the automatic stay may last only 30 days (or not arise at all) unless the court extends it. This is one of the highest-stakes areas of repeat filing and needs an attorney’s attention before you file.
How does a second bankruptcy affect my credit?
Each filing is reported separately: a Chapter 7 stays on your credit report for up to 10 years from its filing date, a Chapter 13 for up to 7 years. A second filing extends the total time bankruptcy information appears on your report.
This article is for general information only and is not legal advice. Every case turns on its exact dates and facts. If you are considering filing bankruptcy again in Hollywood, Fort Lauderdale, or anywhere in South Florida, contact our office for a free consultation to review your prior case and your options.