Can You File Chapter 13 Bankruptcy More Than Once?

 Posted on August 21, 2026 in Bankruptcy

Life after bankruptcy doesn’t always go as planned. If you’re wondering whether you can file another Chapter 13 case after already filing one, the answer is often yes. However, there may be some restrictions based on timing and other factors.

A Fort Worth, TX bankruptcy lawyer can walk you through the rules of a repeat filing in 2026.

Is There a Limit on How Many Times You Can File for Chapter 13 Bankruptcy in Texas?

There is no set lifetime limit on how many Chapter 13 cases you can file. There are limits on how often you can receive a discharge, though. The automatic stay may also be limited if another bankruptcy case was dismissed within the past year.

How Soon Can You Get a New Chapter 13 Discharge in Texas?

Under 11 U.S.C. Section 1328(f), the bankruptcy court can’t grant you a Chapter 13 discharge if you received a discharge in a case filed within these time periods:

• A prior Chapter 13 case was filed less than two years before the new Chapter 13 case

• A prior Chapter 7, 11, or 12 case was filed less than four years before the new Chapter 13 case

These time periods are measured from the filing date of the earlier case to the filing date of the new case, not from the date you received the earlier discharge. These rules affect whether you can receive another discharge. They do not create a simple waiting period for filing another case. Filing a new case while an earlier bankruptcy is still open can raise separate legal issues.

What Happens to the Automatic Stay If You File for Bankruptcy Again?

The automatic stay usually stops most collection efforts, including collection calls, wage garnishment, and foreclosure as soon as you file. If another bankruptcy case was dismissed within the past year, this protection may be limited.

Under 11 U.S.C. Section 362(c)(3), if you had one bankruptcy case pending within the past year and it was dismissed, part of the automatic stay generally ends after 30 days. The court can extend the stay, but you need to act quickly because the hearing must be completed within that 30-day period. Under Section 362(c)(4), if you had two or more cases pending and dismissed in the past year, the stay generally does not go into effect at all unless the court orders otherwise.

A bankruptcy lawyer can ask the court to extend or impose the stay. You’ll generally need to show the new case was filed in good faith, not just to delay a foreclosure or a collection lawsuit.

Can a Previous Bankruptcy Case Keep You from Filing Again in Texas?

A prior dismissal can sometimes bar a new filing for a short period. You generally can’t file another bankruptcy case for 180 days if a prior case was dismissed because you willfully failed to follow a court order or appear in court as required. This limitation also applies if you asked to dismiss your case after a creditor requested relief from the stay, which can allow the creditor to continue certain collection efforts, such as foreclosure. Other rules or court orders can also affect when you can file again.

How Can You Avoid Chapter 13 Bankruptcy in the Future?

If you are filing for Chapter 13 bankruptcy again, it can help to understand why your first case did not work. Chapter 13 is frequently called a "wage earner’s plan" because it allows people with regular income to repay some or all of their debts over time through a court-approved payment plan. The payments must fit your income and expenses.

If a Chapter 13 payment plan is not realistic for you, Chapter 7 could be another option. However, Chapter 7 has its own eligibility rules. If your finances have changed since your last case, Chapter 13 may still be an option. If you are not sure which option is best, speak with a bankruptcy attorney for help.

Call a Dallas, TX Chapter 13 Bankruptcy Lawyer Today

Bankruptcy can offer important relief, but repeat filings can make the process more complicated. Acker Warren P.C. can help you understand which type of bankruptcy is right for you. We can also help you prepare for a new filing and understand what to expect.

At our firm, you’ll always work directly with an attorney, never a paralegal. We can handle your entire case virtually with a fast turnaround. Call our Fort Worth bankruptcy attorneys at 817-752-9033 today to schedule your free consultation.