Can I File for Chapter 7 Bankruptcy More Than Once in Phoenix?
Filing for bankruptcy isn’t anyone’s first choice, but sometimes it’s your best option. If you’ve previously filed for Chapter 7 and find yourself in financial trouble again, you’re probably wondering if you can file for Chapter 7 bankruptcy again in Phoenix.
The short answer is yes—but with conditions. Multiple bankruptcies are allowed under federal law, but bankruptcy discharge rules limit how often you can walk away from your debts.
Understanding Chapter 7 Bankruptcy
Chapter 7 bankruptcy, also known as liquidation bankruptcy, is designed to give individuals who are overwhelmed by unsecured debt a fresh start. It wipes out credit card balances, medical bills, personal loans, and other unsecured debts.
In exchange, some non-exempt assets may be sold off to repay creditors, although most people keep all or most of their property thanks to Arizona’s generous exemption laws.
Can You File Chapter 7 Bankruptcy Again in Phoenix?
Yes, you can file Chapter 7 bankruptcy again in Phoenix. If you received a discharge in your previous case—meaning your debts were wiped clean—you must wait eight years from the date of your original Chapter 7 filing before you can receive another discharge in a new Chapter 7 case.
The countdown starts from the date your original case was filed, not the date it was discharged or closed. For example, if you filed your last Chapter 7 on June 1, 2017, you wouldn’t be eligible to file Chapter 7 bankruptcy again in Phoenix until June 1, 2025.
What If You Didn’t Get a Discharge?
If your previous case was dismissed without a discharge—say, you didn’t complete the required paperwork, missed your court hearing, or voluntarily withdrew your petition—you may be able to re-file sooner. But you’ll need to address the issues that caused the dismissal. Also, courts may impose restrictions or deny your new filing if they believe you’re abusing the system (called a “bad faith filing”).
So basically, re-filing bankruptcy without a discharge is possible, but it’s a legal gray area. This is exactly when you want a qualified Phoenix bankruptcy lawyer in your corner to make sure you don’t run into trouble.
What If You Need Bankruptcy Protection Before the 8 Years Is Up?
Let’s say you’re drowning in debt again, but it hasn’t been eight years since your last Chapter 7. Are you just out of luck? Not necessarily.
Chapter 13 as an Option
You might be able to file Chapter 13 bankruptcy instead. Chapter 13 is a repayment plan that lasts 3 to 5 years, allowing you to keep your assets and pay back some (or all) of your debts over time.
If you previously received a Chapter 7 discharge, you must wait four years from the Chapter 7 filing date to receive a discharge in a new Chapter 13 case. But if your goal isn’t to get a discharge but rather to stop creditor actions or prevent foreclosure, you can technically file Chapter 13 sooner than four years, though the benefits will be limited.
This hybrid strategy, sometimes called “Chapter 20” (Chapter 7 followed by 13), can be a powerful tool when used strategically.
How a Bankruptcy Lawyer Can Help
If you’re thinking about re-filing bankruptcy, the process is more than just submitting forms. There are deadlines, eligibility tests, and legal traps that can mess things up if you’re not careful.
A local Phoenix bankruptcy lawyer can help you:
- Calculate your waiting period based on previous filings
- Determine your eligibility for Chapter 7 or Chapter 13
- Protect your assets using Arizona exemption laws
- Prepare and file all documents correctly
- Represent you in court hearings or trustee meetings
- Prevent mistakes that could lead to case dismissal or lost protection
Common Mistakes to Avoid When Re-Filing
- Filing too soon: You’ll waste time and money if you file before the waiting period ends.
- Not completing credit counseling: Required before you file again.
- Failing to disclose previous bankruptcies: The court will find out, and it can hurt your case.
- Ignoring the reason your last case failed: If you don’t fix the issue, you’re likely headed for the same result.
- Filing without legal help: With stricter scrutiny, this is a gamble you don’t want to take.
Talk to a Phoenix Bankruptcy Lawyer Today
So, can you file Chapter 7 bankruptcy again in Phoenix? Yes, but timing, strategy, and execution are everything. Whether you’re still within the waiting period, unsure about your discharge status, or simply trying to avoid another financial collapse, now is the time to consult with a skilled.
If you have any questions about Arizona bankruptcy laws, talk to Cy Hainey at Hilltop Law Firm today. Cy is a bankruptcy attorney who’s been helping people in Phoenix get debt relief for over a decade.
Call (602) 466-9631 to schedule a FREE consultation with our Phoenix bankruptcy lawyer today. We’ll help you figure out whether Chapter 7, Chapter 13, or some combination of both makes the most sense—and how to protect your future the right way.
If you’re interested in a free Zoom meeting, someone from the Hilltop Law Firm office will be happy to help you set up your virtual meeting in advance.