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How Many Times Can You File Bankruptcy in Pennsylvania?

· By Sean P. Quinlan, Esq.

There is no cap on how many times you can file bankruptcy in Pennsylvania. The law cares about how recently you received a discharge, not the total count. Here are the four waiting periods that actually matter.

Chapter 7 after Chapter 7: 8 years

You must wait 8 years from the filing date of your previous Chapter 7 case to file another one and receive a discharge.

Chapter 13 after Chapter 13: 2 years

The 2 years run from filing date to filing date. In practice this rarely matters, because most Chapter 13 plans last 3–5 years.

Chapter 13 after Chapter 7: 4 years

If you got a Chapter 7 discharge and now need Chapter 13 to wipe out a remaining debt, you wait 4 years from the Chapter 7 filing date for a Chapter 13 discharge. You can still file Chapter 13 sooner — you just won't get a discharge at the end (sometimes called a "Chapter 20").

Chapter 7 after Chapter 13: 6 years

Six years from the Chapter 13 filing date, with an exception: if you paid 100% of unsecured claims (or 70% under a good-faith plan), the waiting period disappears.

What if a previous case was dismissed, not discharged?

Dismissals don't trigger the waiting periods above. But if a case was dismissed in the last 180 days for failing to appear or violating a court order, you have to wait that out before refiling.

The automatic stay shrinks on the second filing

If you file again within a year of a dismissed case, the automatic stay only lasts 30 days unless your attorney files a motion to extend it. Two dismissed cases in a year, and there's no automatic stay at all without a court order. This is where having counsel matters most.

Talk to an attorney before refiling

Timing a second filing is mostly arithmetic, but the consequences of getting it wrong — no stay, no discharge — are severe. A free consultation gets you the exact dates for your situation.

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