How often can you file bankruptcy in California? Technically, there is no lifetime limit. What federal law restricts is how soon a new case can end in a discharge. That waiting period runs from the filing date of the earlier case to the filing date of the new one, and it ranges from two to eight years depending on the chapters involved.
Counting these periods wrong can cost a discharge. For a review of your prior case dates, call (415) 754-0115 to schedule a free consultation, or use the contact page.
How often you can file bankruptcy in California: four waiting periods
These periods come from the federal Bankruptcy Code, not California law, so they apply the same way in every bankruptcy court in the state, including the Oakland division that serves Alameda and Contra Costa Counties. Each assumes the earlier case ended with a discharge.
- Chapter 7, then Chapter 7: eight years. A second Chapter 7 discharge is barred if the earlier Chapter 7 was filed within eight years before the new petition. The same bar applies after a Chapter 11 discharge.
- Chapter 13, then Chapter 7: six years, subject to an exception described below.
- Chapter 7, then Chapter 13: four years.
- Chapter 13, then Chapter 13: two years.
How to count the clock correctly
A natural but costly mistake is counting from the discharge date. The Code measures from the date the earlier petition was filed to the date the new petition is filed. Because a Chapter 13 plan can last up to five years, someone who filed a Chapter 13 in 2021 and received a discharge in 2026 is already past the two-year bar for another Chapter 13.
Cases that ended without a discharge
A case that was dismissed, or closed without a discharge, generally does not start these waiting periods. It can still matter in other ways. A dismissal can carry its own refiling bar, and recent dismissals weaken the automatic stay in a new case, as explained below. A case in which the court denied the discharge for misconduct is more serious: debts that were or could have been listed in that case may not be dischargeable in a later one.
The exception for Chapter 13 followed by Chapter 7
The six-year bar does not apply if the earlier Chapter 13 plan paid allowed unsecured claims in full. It can also be overcome when the plan paid at least a minimum share of those claims set by the Code, the plan was proposed in good faith, and it represented the filer's best effort. Proving that usually means pulling the earlier trustee's final report.
Filing again before the waiting period ends
Filing early is not illegal, and sometimes it is deliberate. The real question is what a new case can still accomplish without a discharge at the end.
A Chapter 13 soon after a Chapter 7
This pairing is often nicknamed "Chapter 20." The Chapter 7 wipes out unsecured debt; a Chapter 13 filed inside the four-year window cannot produce a new discharge, but it still provides the automatic stay and a court-supervised repayment plan.
What a no-discharge Chapter 13 can still do
- Spread mortgage or car arrears over the plan to stop a foreclosure or repossession.
- Pay priority tax debts over time under the protection of the stay.
- In some situations, deal with a second mortgage that is wholly unsecured, a question that turns on Ninth Circuit law and the facts of the case.
A second Chapter 7 inside eight years
A Chapter 7 filed before the eight-year period ends can be opened, but it cannot discharge debts. It offers little beyond the automatic stay, so the reasons for filing one need careful analysis first.
Repeat filings and the automatic stay
Discharge waiting periods are only half of the picture. Recent dismissals also weaken the automatic stay, the court order that stops collection calls, lawsuits, garnishments and foreclosure sales.
- One case dismissed in the past year: the stay in the new case generally ends after 30 days unless the court extends it on a motion heard within that period.
- Two or more cases dismissed in the past year: no stay takes effect automatically; the filer has to ask the court to impose one.
- Certain dismissals: if an earlier case was dismissed for willfully failing to obey court orders, or voluntarily dismissed after a creditor sought relief from the stay, a 180-day bar on filing again can apply.
Our guide to refiling after a Chapter 13 dismissal explains how those motions work.
California details to recheck before a repeat filing
Even when the dates line up, a second case is not a copy of the first. California filers choose between two state exemption systems, and the better choice can change as home equity, savings or vehicles change. A filer who moved to California recently may not be able to use California exemptions at all: federal law generally requires 730 days of domicile in a state before its exemptions apply. The means test has to be run again on current income, and debts taken on since the last case affect which chapter fits. Comparing Chapter 7 and Chapter 13 with fresh numbers is part of that analysis.
The Somal Law Firm handles Chapter 7 and Chapter 13 cases for people in Pleasanton, the Tri-Valley and the wider East Bay, including filers who have been through bankruptcy before. Our practice areas page outlines that work.
Frequently asked questions
Can I file Chapter 7 again if my first case was dismissed?
Often, yes. A dismissed case without a discharge does not start the eight-year clock. The reason for the dismissal still matters, though, and a recent dismissal can shorten or remove the automatic stay in the new case.
Does the waiting period start on my discharge date?
No. Every period is measured from the filing date of the earlier case to the filing date of the new one.
How soon after Chapter 7 can I file Chapter 13?
A Chapter 13 can be filed at any time, but a discharge in it is available only if the Chapter 7 was filed at least four years earlier. Without a discharge, the Chapter 13 can still address arrears and priority debts through a plan.
Do the waiting periods apply to both spouses?
They apply to each person individually. If only one spouse received the earlier discharge, the other spouse's eligibility is measured separately, though California's community property rules can affect how a later case works.
If you have filed before and are wondering whether a new case can help, call (415) 754-0115 to schedule a free consultation, or contact us through our contact page. Have your earlier case number or filing dates handy, and we will check the waiting periods, the stay rules and which chapter fits your situation today.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.