There are some exceptions, but the basic rules concerning when you may refile a bankruptcy case are as follows. Note that time runs from the date the case was filed, not the date of discharge.

Filing a Chapter 7 case after a Chapter 7 discharge. If you filed for Chapter 7 bankruptcy in the past and received a discharge, you may not file another Chapter 7 bankruptcy until eight years after your first case was filed.

Filing a Chapter 7 case after a Chapter 13 discharge. If you received a discharge in a Chapter 13 case, you cannot file a case under Chapter 7 until six years from the date the Chapter 13 was filed. There are exceptions if (1) you paid your unsecured creditors in full, or (2) you paid your unsecured creditors at least 70%, and your plan was in good faith and represented your “best efforts” to pay.

Filing a Chapter 13 after a Chapter 7 discharge. If you received a discharge in a Chapter 7 case, you cannot receive a discharge in a Chapter 13 case filed less than four years after the date that the Chapter 7 case was filed. You may still file under Chapter 13 during this four-year period, but you cannot receive a discharge of any debts remaining at the end of the case.

Quick Note: Filing a Chapter 13 Case immediately after a Chapter 7 discharge is sometimes called a “Chapter 20.” Even though a second discharge is not available, it can be useful for debtors with mortgage arrearages or large amounts of non-dischargeable debts (certain taxes, student loans, etc.). The purpose of Chapter 20 is to get rid of all dischargeable debts in Chapter 7, then pay the remaining non-dischargeable debts in Chapter 13.

Filing a Chapter 13 case after a Chapter 13 discharge. You cannot receive a discharge in a Chapter 13 case filed two years from the date the previous case was filed. As a practical matter, as most Chapter 13 cases are three to five years long, in most cases, you can file again immediately after the old Chapter 13 case is closed. Although you will not receive a discharge, there may be good reasons to file nonetheless.

Quick Note: If you did not receive a discharge in the Chapter 7 or Chapter 13 case (the case was dismissed), you can file again at any time. There are some exceptions, related mainly to bankruptcy fraud or bad faith filings.