Filing for bankruptcy is often a necessary step for people facing overwhelming financial stress. But what if financial troubles arise again after a previous bankruptcy? Many Florida residents wonder whether they can file more than once—and the answer is yes, but with important limitations and waiting periods.

At De La Guardia & Associates, we can provide legal assistance to the Miami-Dade County public and help individuals understand how repeat bankruptcy filings work and how to choose the right path forward.

You Can File Bankruptcy Multiple Times—But Timing Matters

Bankruptcy law does not prohibit multiple filings. Instead, the law controls how often you can receive a discharge. A discharge is the court order that eliminates qualifying debts. You may file again at any time, but you may not be eligible for a discharge until certain waiting periods have passed.

The required waiting period depends on what type of bankruptcy you previously filed and what type you want to file now.

Waiting Periods Between Bankruptcy Discharges

If You Previously Filed Chapter 7

• Chapter 7 → Chapter 7: You must wait 8 years from the filing date of your previous Chapter 7 case.
• Chapter 7 → Chapter 13: You must wait 4 years from the previous Chapter 7 filing date to receive a discharge in a new Chapter 13 case.

If You Previously Filed Chapter 13

• Chapter 13 → Chapter 7: You must wait 6 years from the Chapter 13 filing date unless:

• You repaid at least 70% of unsecured debts in good faith, or
• You completed a 100% repayment plan.
• Chapter 13 → Chapter 13: You must wait 2 years from the filing date of your earlier Chapter 13 case.

These timelines are based on federal bankruptcy law and apply equally in Florida.

When Filing Again May Still Be Helpful—even Without a Discharge

People often assume that without a discharge, filing again is pointless. But that is not always the case.

A new bankruptcy can still offer benefits such as:

• Stopping foreclosure through the automatic stay
• Stopping car repossession
• Setting up a manageable repayment plan under Chapter 13
• Pausing creditor actions while resolving financial problems

Even if you are not yet eligible for a discharge, you may still gain valuable time and protection.

Reasons People File Bankruptcy More Than Once

Life can bring unexpected setbacks, including:

• Job loss or reduced income
• Medical emergencies
• Divorce or separation
• New debt you could not have predicted
• Economic shifts affecting businesses or housing

Bankruptcy is designed to give honest individuals multiple opportunities to regain financial stability when circumstances change.

Choosing the Right Type of Bankruptcy for a Repeat Filing

If you are considering a second (or third) bankruptcy, strategic planning is essential. Chapter 7 may eliminate debts quickly, but Chapter 13 offers more tools to protect your assets, especially if you face foreclosure.

An attorney can help determine:

• Whether you qualify for each chapter
• How waiting periods affect your case
• Whether filing now or waiting will produce a better outcome
• How to protect your income, home, and assets

Considering Another Bankruptcy in Florida?

Repeat bankruptcy filings are permitted, but timing and strategy matter. Before filing again, it’s important to understand your eligibility and how a new case will affect your financial future.

At De La Guardia & Associates, we can provide legal assistance to the Miami-Dade County public and guide you through your options with clarity and confidence.