Filing for bankruptcy can be a powerful financial reset, but many people face financial hardship more than once in their lives. If you're wondering whether you can file bankruptcy again in New Jersey, the answer is yes—but important rules determine when you can file and what protection you receive. Understanding these rules can help you make informed decisions about your financial future.

At The Law Offices of Andy Winchell, P.C., we can provide legal assistance to members of the Bedminster community who need guidance navigating repeat bankruptcy filings.

Can You File Bankruptcy More Than Once?

Yes. There is no lifetime limit on the number of bankruptcy cases a person may file. The key factor is whether you are eligible for a discharge, which wipes out qualifying debts. The Bankruptcy Code sets specific timelines between discharges depending on the chapter you previously filed and the chapter you want to file now.

Time Limits Between Bankruptcy Discharges



1. Filing Chapter 7 After a Previous Chapter 7

If you received a discharge in a prior Chapter 7, you must wait 8 years from the date of the previous filing before you can receive another Chapter 7 discharge.

2. Filing Chapter 7 After a Previous Chapter 13

If your previous case was a Chapter 13, you must wait 6 years before receiving a discharge in a new Chapter 7—unless you paid at least 70% of your unsecured debts under your Chapter 13 repayment plan.

3. Filing Chapter 13 After a Previous Chapter 7

If you previously filed Chapter 7, you must wait 4 years before receiving a discharge in a new Chapter 13.

4. Filing Chapter 13 After a Previous Chapter 13

If your earlier case was a Chapter 13, you must wait 2 years before receiving a discharge in another Chapter 13.

Can You File Before These Time Limits Expire?

Yes, in many situations you may still file for bankruptcy even if you are not yet eligible for a discharge.

You may want to do this if you need:

• Immediate protection from creditors
• The automatic stay to stop garnishments, foreclosures, or repossessions
• Time to reorganize debts under a Chapter 13 repayment plan

However, filing without being eligible for a discharge may not eliminate your debts, so it’s important to understand how this strategy affects your long-term financial goals.

Reasons People File Bankruptcy More Than Once

Life can be unpredictable. Common situations that lead to repeat bankruptcy include:

• Medical emergencies
• Job loss or reduced income
• Divorce
• Rising interest rates and credit card debt
• Business failures

Filing again can give individuals a path back to financial stability.

How an Attorney Can Help

Repeat bankruptcy filings involve complex timing rules and strategic planning. An attorney can advise you on:

• Your eligibility for a discharge
• Whether Chapter 7 or Chapter 13 is the better option
• How the automatic stay applies in repeat filings
• Strategies to protect your home, car, and income

At The Law Offices of Andy Winchell, P.C., we can provide legal assistance to the Bedminster public and help you choose the best path forward.