By James P. Frego II, Bankruptcy Attorney (MI Bar #P55727) · Updated June 25, 2026 · ~9 min read
Yes, you can file bankruptcy multiple times in Sterling Heights. Federal law sets no limit on the number of times you can file. What it does limit is how soon you can receive another discharge, and that wait runs from two to eight years depending on which chapters are involved. Here is exactly how the timing works.
Key Takeaways
- There is no cap on filings. The rules limit when you can get another discharge, not whether you can file.
- Chapter 7 after Chapter 7: 8 years, measured from the prior filing date to the new filing date (11 U.S.C. § 727(a)(8)).
- Chapter 13 after Chapter 7: 4 years; Chapter 13 after Chapter 13: 2 years (11 U.S.C. § 1328(f)).
- The means test compares your income to Michigan's median family income by household size, not to an "average salary."
- If a prior case was dismissed in the past year, the automatic stay may be limited or unavailable under § 362(c).
Facing a second filing in Sterling Heights? Call (734) 213-2599 or request a free consultation online. We file Chapter 7, 13, and 11 cases across Michigan.
Can you file bankruptcy more than once?
Yes. There is no legal limit on how many times a person can file for bankruptcy. The restrictions in the Bankruptcy Code are about timing: how long you must wait after one discharge before you can receive another. A discharge is the court order that legally erases qualifying debt, and it is the real prize in most consumer cases.
This distinction matters. You can almost always file a new case. Whether that case can discharge your debt, and whether the automatic stay protects you, depends on your history. For many Sterling Heights families hit by a second job loss, medical event, or divorce, a second filing is both allowed and the right move.
How long do you have to wait to file bankruptcy again?
The waiting period to receive a new discharge depends on the chapter you filed before and the chapter you file next. Critically, each clock runs from the filing date of the prior case to the filing date of the new case, not from your discharge date. That is a common and costly misunderstanding. Here are the four combinations.
| Prior case | New case | Wait for a new discharge | Authority |
|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | § 727(a)(8) |
| Chapter 7 | Chapter 13 | 4 years | § 1328(f)(1) |
| Chapter 13 | Chapter 13 | 2 years | § 1328(f)(2) |
| Chapter 13 | Chapter 7 | 6 years (exceptions apply) | § 727(a)(9) |
The two Chapter 13 periods are short because Chapter 13 requires you to repay creditors through a plan, so the law rewards that effort with quicker access to relief. The Chapter 7 to Chapter 7 wait is the longest at eight years (11 U.S.C. § 727(a)(8)).
The Chapter 13 to Chapter 7 wait has a notable exception. The six-year bar does not apply if your prior Chapter 13 plan paid 100% of your unsecured debts, or paid at least 70% under a plan the court found was proposed in good faith and was your best effort (§ 727(a)(9)). In those cases you may move from Chapter 13 to Chapter 7 sooner.
Can you file Chapter 7 before 8 years have passed?
You can file the case, but you cannot get a Chapter 7 discharge until the eight years are up. The statute bars the discharge, not the filing. So why would anyone file early? Two reasons come up often in our Sterling Heights practice.
- The automatic stay. Filing still triggers the automatic stay, which can pause a foreclosure or garnishment even when no discharge is available.
- A Chapter 13 bridge. If you are too soon for a Chapter 7 discharge, a Chapter 13 plan may still reorganize and pay down debt while you wait.
Filing a no-discharge case has real limits and is rarely worth it on its own. This is exactly the kind of timing decision where an attorney earns their fee.
What if your last case was dismissed, not discharged?
The discharge waiting periods above are triggered by a prior discharge. A case that was dismissed, meaning it ended without wiping out your debt, does not start those clocks. You can often refile right away. But there is a separate catch involving the automatic stay for repeat filers (11 U.S.C. § 362(c)).
- One case dismissed in the past year: the automatic stay ends 30 days after you refile unless the court extends it.
- Two or more cases dismissed in the past year: no automatic stay arises at all unless you ask the court to impose one.
These rules exist to prevent serial filings used only to stall creditors. They are also why anyone refiling after a dismissal should move quickly with counsel to protect the stay.
Do you still qualify? The means test, explained correctly
Qualifying for a second Chapter 7 still comes down to the means test, and this is where the rules are widely misstated. The means test does not compare your pay to an "average salary." It compares your household income to the median family income for your household size in Michigan, a figure the U.S. Trustee Program updates periodically (U.S. Trustee Program, Means Testing).
If your income is at or below the Michigan median for your household size, you generally qualify for Chapter 7. If it is above, a more detailed calculation of your disposable income decides whether you can still file Chapter 7 or should use Chapter 13 instead. Because the median figures change and depend on household size, the only reliable way to know is to run your actual numbers.
How do multiple bankruptcies affect your credit?
A second bankruptcy does affect your credit, but the damage is often smaller than people fear, especially if your score is already low from the debt that pushed you to file. A Chapter 7 stays on your credit report for up to 10 years and a Chapter 13 for up to 7 years, and a repeat filing signals added risk to lenders.
The more useful view is forward-looking. Lenders weigh what you do after filing: on-time payments, secured cards, and steady income. Many people rebuild credit within a few years of a discharge, because clearing the old debt removes the anchor that was dragging the score down in the first place.
Filing again in Sterling Heights
If you are weighing a second filing, you are not alone. Nationwide, bankruptcy filings rose 11.9% to 591,850 in the year ending March 31, 2026, the second straight double-digit increase (Administrative Office of the U.S. Courts, April 2026). Sterling Heights residents file in the U.S. Bankruptcy Court for the Eastern District of Michigan.
The waiting-period math is simple to state but easy to get wrong, and the means test and stay rules add real complexity to a repeat case. The right move depends on your exact dates and numbers, which is where experienced local counsel makes the difference.
Thinking about filing bankruptcy again?
Whether it is your first time or your second, the bankruptcy attorneys at Frego & Associates can run your waiting periods and means test and tell you what is possible. We have filed more than 40,000 Michigan cases since 1999. Your first consultation is free.
Schedule Free Consultation Call (734) 213-2599Frequently Asked Questions
How often can you file Chapter 7 bankruptcy?
To receive a second Chapter 7 discharge, you must wait 8 years measured from the filing date of your prior Chapter 7 case to the filing date of the new one (11 U.S.C. § 727(a)(8)). There is no limit on how many times you can file overall, only on when a new discharge is available.
How soon can you file Chapter 13 after Chapter 7?
You must wait 4 years from the filing date of the Chapter 7 case to the filing date of the Chapter 13 case to receive a Chapter 13 discharge (11 U.S.C. § 1328(f)(1)). You can often file sooner without a discharge to use a Chapter 13 repayment plan, a strategy sometimes called a Chapter 20.
Can you file Chapter 7 before 8 years have passed?
You can file the case, but you cannot receive a Chapter 7 discharge until 8 years have passed since the prior Chapter 7 filing. Some people still file early to use the automatic stay, but a no-discharge case has limited benefit and should be evaluated by an attorney.
Is there a limit on how many times you can file bankruptcy?
No. Federal law sets no cap on the number of bankruptcy filings. The limits are on how soon you can receive another discharge, and on whether the automatic stay applies if you have had recent cases dismissed.
What happens if a prior case was dismissed instead of discharged?
The discharge waiting periods are based on prior discharges, not dismissals. But under 11 U.S.C. § 362(c), if you had one case dismissed in the past year the automatic stay ends after 30 days unless extended, and if you had two or more dismissed, no stay arises automatically.
Sources
- Legal Information Institute, Cornell Law School. 11 U.S. Code § 727 - Discharge (subsections (a)(8) and (a)(9)). Retrieved 2026-06-19.
- Legal Information Institute, Cornell Law School. 11 U.S. Code § 1328 - Discharge (subsection (f)). Retrieved 2026-06-19.
- Legal Information Institute, Cornell Law School. 11 U.S. Code § 362 - Automatic stay (subsection (c)). Retrieved 2026-06-19.
- U.S. Department of Justice, U.S. Trustee Program. Means Testing. Retrieved 2026-06-19.
- Administrative Office of the U.S. Courts. (2026, April 23). Bankruptcies Increase 11.9 Percent. Retrieved 2026-06-19.
This article is for general informational purposes only and is not legal advice. Bankruptcy waiting periods, the means test, and the automatic stay apply differently to each case and depend on your exact filing dates and income. For advice about refiling, consult a licensed bankruptcy attorney.
