Federal law places no cap on how often you can file bankruptcy in Illinois, but it strictly limits how often you can receive a discharge — the court order that actually erases your debts. Depending on which chapter you filed last and which chapter you want to file now, the wait runs from two to eight years. And here’s the detail that trips up most repeat filers: the clock runs from the filing date of your earlier case, not from the date you got your discharge.
The Four Waiting Periods at a Glance
- Chapter 7 after a prior Chapter 7: 8 years
- Chapter 7 after a prior Chapter 13: 6 years (or no wait if the Chapter 13 plan paid 100% of unsecured claims, or paid at least 70% in a good-faith best-effort plan)
- Chapter 13 after a prior Chapter 7: 4 years
- Chapter 13 after a prior Chapter 13: 2 years
Every one of these periods is measured from the filing date of the previous case to the filing date of the new one.1United States Bankruptcy Court. Prior Bankruptcy – How Soon Can I Get Another Discharge
Chapter 7 After Chapter 7: Eight Years
If you already received a Chapter 7 discharge, you have to wait eight years from the filing date of that earlier case before another Chapter 7 discharge is available. This is the longest waiting period in the Bankruptcy Code.2Office of the Law Revision Counsel. 11 USC 727 – Discharge
Chapter 7 After Chapter 13: Usually Six Years
If your last case was a Chapter 13 that ended with a discharge, the general rule is a six-year wait from that Chapter 13’s filing date. Two exceptions can eliminate the wait entirely. You can file Chapter 7 right away if your Chapter 13 plan repaid 100% of unsecured claims, or if it repaid at least 70% of unsecured claims and the plan was proposed in good faith and represented your best effort.2Office of the Law Revision Counsel. 11 USC 727 – Discharge
Those exceptions carry real weight. Someone who completed a Chapter 13 plan paying 75% of unsecured debts in good faith could file Chapter 7 immediately. Someone who paid 60% would wait the full six years.
Chapter 13 After Chapter 7: Four Years
If you received a Chapter 7 discharge, you need to wait four years from the filing date of that Chapter 7 case before you can receive a Chapter 13 discharge.3Office of the Law Revision Counsel. 11 USC 1328 – Discharge
Chapter 13 After Chapter 13: Two Years
The shortest gap in the system is Chapter 13 to Chapter 13: two years from the filing date of the earlier case.3Office of the Law Revision Counsel. 11 USC 1328 – Discharge
Can You File Without Being Eligible for a Discharge?
Yes. You can file a new bankruptcy case even when you’re not yet eligible for a discharge. The case proceeds, the automatic stay takes effect (with the limits described below), and a trustee is appointed. You just won’t get a discharge at the end, which means the debts survive.
The common reason to do this is the strategy known as “Chapter 20.” A debtor files Chapter 7 first to wipe out unsecured debts like credit cards and medical bills, then files Chapter 13 before the four-year discharge wait has expired to restructure secured debts that Chapter 7 couldn’t touch — usually a mortgage in foreclosure or a car loan. The Chapter 13 plan lets them catch up on missed payments over three to five years even without a formal discharge at the end. Chapter 20 isn’t a separate chapter of the Code; it’s a practice attorneys use when a client’s debt load is too high for Chapter 13 alone but they need the structured plan to save a home or vehicle.
Courts generally allow Chapter 20 filings but scrutinize them for good faith. A filing that looks designed purely to stall creditors, rather than pursue a legitimate repayment goal, can be dismissed.
Automatic Stay Penalties for Recent Filers
The automatic stay is one of the most useful features of any bankruptcy case. The moment you file, creditors must stop collection calls, lawsuits, wage garnishments, and foreclosure proceedings. For repeat filers, Congress cut this protection down significantly.
If you had one bankruptcy case dismissed within the past year, the automatic stay in your new case expires after 30 days unless you file a motion asking the court to extend it. To win that motion, you have to prove you filed the new case in good faith, and the law presumes you didn’t. The burden sits on you to overcome that presumption with clear and convincing evidence.4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
If you had two or more cases dismissed within the past year, no automatic stay takes effect at all when you file. You would have to ask the court to impose one, again showing good faith. Until the court grants that request, creditors can pursue you as if no bankruptcy case exists.4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
This is the practical penalty for serial filing. You may be technically allowed to file again, but losing the stay strips away the breathing room that makes bankruptcy work.
The 180-Day Lockout After Certain Dismissals
Separate from the discharge waiting periods, a 180-day bar applies in two specific situations. You cannot file any new bankruptcy case for 180 days if your previous case was dismissed because you willfully failed to follow court orders or appear in court, or if you voluntarily dismissed your own case after a creditor filed a motion to lift the automatic stay.5Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor
That second trigger catches debtors who file bankruptcy to stop a foreclosure or repossession, dismiss once they’ve bought some time, and then refile when the creditor comes back. Courts treat the pattern as abuse. If you voluntarily dismissed under those circumstances, you’re locked out for six months with no override available.
What You Have to Do Every Time You File
Each bankruptcy case is a fresh matter with its own requirements, no matter how many times you’ve filed before.
Before filing, you must complete a credit counseling briefing from an approved nonprofit agency within the 180 days before your petition date.5Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor This applies every time. Completing it for a prior case does not count. The course usually costs around $20 per household and can be done online or by phone.
After filing, you have to complete a separate debtor education course (sometimes called a financial management course) before the court will enter your discharge. Joint filers each need their own certificate. Skip this step and you get no discharge, even if you’re otherwise eligible.
Filing fees are due each time as well: $338 for Chapter 7 and $313 for Chapter 13. Courts may allow installment payments or, in Chapter 7 cases, waive the fee entirely if your income is below 150% of the federal poverty guidelines.
One more thing worth knowing before you refile: your financial picture may have shifted since your last case. If you now earn above Illinois’s median income for your household size, you may no longer qualify for Chapter 7 even if you did before, and the court can dismiss the case or convert it to Chapter 13.