How Often Can You File Bankruptcy in Arizona? Timing Rules & Limits

Last Updated: February 14, 2026
Reading Time: 8 minutes
Author: Arizona Bankruptcy Attorney Network

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Can You File Bankruptcy More Than Once?

Yes, you can file bankruptcy multiple times in Arizona and under federal law. However, strict timing rules apply between filings, and these rules depend on which chapter you previously filed and which chapter you want to file now.

Understanding these waiting periods is crucial for planning your financial recovery. Filing too soon can result in:

• Automatic case dismissal — the court will close your case
• Loss of filing fees — $338 for Chapter 7, $313 for Chapter 13
• No discharge protection — debts remain fully collectible
• Wasted time and effort — credit hit without debt relief

This guide explains the exact waiting periods, exceptions, and strategic considerations for multiple bankruptcy filings in Arizona.

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Bankruptcy Filing Limits: The Complete Breakdown

Chapter 7 to Chapter 7: 8-Year Wait

If you previously received a Chapter 7 discharge, you must wait 8 years from the filing date of your previous case before filing Chapter 7 again.

Example timeline:

• Previous Chapter 7 filed: March 15, 2018
• Eligible to file Chapter 7 again: March 15, 2026
• Status: ELIGIBLE NOW (if filing in 2026 or later)

Why the long wait? Chapter 7 eliminates debts entirely without repayment. Congress imposed this limit to prevent abuse of the "fresh start" provision.

Chapter 7 to Chapter 13: 4-Year Wait (Partial Discharge)

If you received a Chapter 7 discharge, you can file Chapter 13 after 4 years from your previous Chapter 7 filing date.

Important limitation: In a Chapter 13 filed after Chapter 7, you cannot receive a discharge of unsecured debts. However, you CAN:

• Stop foreclosure and catch up on mortgage arrears
• Pay off tax debts over time
• Reduce car loan balances (cramdown)
• Stop creditor harassment through the automatic stay

This strategy is sometimes called a "Chapter 20" bankruptcy (7 + 13 = 20).

Chapter 13 to Chapter 13: 2-Year Wait

If you received a Chapter 13 discharge, you can file Chapter 13 again after just 2 years from your previous filing date.

Note: Most Chapter 13 plans last 3-5 years, so practically speaking, you'd likely be eligible immediately upon completing your first plan.

Chapter 13 to Chapter 7: 6-Year Wait (With Exceptions)

If you received a Chapter 13 discharge, you must wait 6 years from the filing date before filing Chapter 7.

Major exception: The 6-year wait does NOT apply if, in your Chapter 13 case:

• You paid unsecured creditors at least 70% of their claims, AND
• You proposed the plan in good faith and used your best effort

This exception means many Chapter 13 filers can immediately file Chapter 7 after discharge.

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Quick Reference: Bankruptcy Waiting Period Chart

| From Chapter | To Chapter | Waiting Period | Can Get Discharge? | |--------------|------------|----------------|-------------------| | Chapter 7 | Chapter 7 | 8 years | Yes | | Chapter 7 | Chapter 13 | 4 years | No (but can reorganize) | | Chapter 13 | Chapter 13 | 2 years | Yes | | Chapter 13 | Chapter 7 | 6 years* | Yes |

*6-year wait waived if 70%+ paid to unsecured creditors in previous Chapter 13

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What Counts as a "Previous Filing"?

The waiting periods apply if you received a discharge in your previous case. The rules differ if your prior case was dismissed:

Previous Case Dismissed (No Discharge)

If your previous bankruptcy was dismissed without a discharge, you can generally file again immediately. However, the automatic stay protection may be limited:

• 1 prior dismissal: Full automatic stay protection
• 2+ prior dismissals within 1 year: Automatic stay expires after 30 days unless you prove good faith
• 3+ prior dismissals within 1 year: No automatic stay protection

Previous Case Discharged

If you received a discharge, the full waiting periods apply regardless of whether the case was later reopened or modified.

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Special Situations and Exceptions

The "Chapter 20" Strategy (7 + 13)

This strategy involves:

1. File Chapter 7 to discharge unsecured debts
2. Wait 4 years
3. File Chapter 13 to address remaining secured debts (mortgage, car)

Benefits:

• Eliminate unsecured debt through Chapter 7
• Save home from foreclosure through Chapter 13
• Pay priority debts (taxes) over time

Limitations:

• No second discharge of unsecured debts in Chapter 13
• Must complete 4-year wait after Chapter 7

Filing Without Receiving a Discharge

Even if you're not eligible for a discharge due to timing limits, filing bankruptcy may still help:

Chapter 13 without discharge benefits:

• Stop foreclosure and cure mortgage default
• Prevent repossession and pay off car loans
• Satisfy tax liens through payment plan
• Force creditors into structured repayment
• Stop wage garnishment during the plan

Emergency Situations: No Discharge Needed

If you're facing immediate crisis, filing without discharge eligibility can still provide relief:

| Crisis | How Filing Helps | |--------|------------------| | Foreclosure auction tomorrow | Chapter 13 stops sale immediately | | Wage garnishment started | Automatic stay halts garnishment | | Car repossession imminent | Chapter 13 can force lender to return vehicle | | Eviction proceeding | Automatic stay stops eviction temporarily | | Utility shutoff | Emergency Chapter 13 prevents disconnection |

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Arizona-Specific Considerations

Arizona Bankruptcy Court Locations

Your filing location depends on where you live:

• Phoenix Division: Maricopa County, Pinal County, Yuma County, La Paz County
• Tucson Division: Pima County, Santa Cruz County, Cochise County, Graham County, Greenlee County
• Yuma Division: Yuma County, La Paz County
• Flagstaff Division: Coconino County, Navajo County, Apache County, Mohave County, Yavapai County

All locations follow the same federal waiting period rules—there are no Arizona-specific variations.

Community Property Considerations

Arizona is a community property state. If you're married:

• Joint filing: Both spouses' previous filings count toward waiting periods
• Individual filing: Only your personal filing history matters
• Community discharge: In some cases, one spouse's discharge may protect community property from creditors

Arizona Exemptions Reset After Discharge

Arizona's exemption amounts apply anew after each bankruptcy filing:

• Homestead exemption: $250,000 per person (resets after discharge)
• Vehicle exemption: $6,000 per person
• Household goods: $6,000 total

This means multiple filers can protect the same categories of property in subsequent cases.

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Planning Your Second Bankruptcy: Strategic Considerations

When to File Again

Consider immediate refiling if:

• Previous case dismissed (not discharged)
• New financial crisis (medical emergency, job loss)
• Foreclosure imminent
• Need automatic stay protection

Consider waiting if:

• Close to discharge eligibility date
• Income recently increased (Chapter 7 means test)
• Expecting additional debts to accumulate
• Want to maximize post-bankruptcy credit recovery

Credit Impact of Multiple Filings

Multiple bankruptcies will appear on your credit report:

• Chapter 7: Remains for 10 years from filing date
• Chapter 13: Remains for 7 years from filing date

Practical impact:

• First bankruptcy: Credit score drops 130-240 points
• Second bankruptcy: Less severe drop (already damaged credit)
• Recovery timeline: 2-3 years to reach "fair" credit (650+) if you rebuild responsibly

Building Credit After Multiple Bankruptcies

1. Secured credit cards — Start rebuilding immediately after discharge
2. Authorized user status — Piggyback on spouse's good credit
3. Credit-builder loans — Small loans from credit unions
4. On-time payments — Payment history is 35% of credit score
5. Keep balances low — Under 30% of available credit

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Common Mistakes in Multiple Filings

Mistake #1: Filing Too Soon

Filing before the waiting period expires wastes money and time. Always verify dates with an attorney.

Mistake #2: Assuming No Benefits Without Discharge

Even without discharge eligibility, bankruptcy can stop foreclosure, repossession, and garnishment.

Mistake #3: Hiding Previous Filings

Full disclosure is required. Hiding a previous case can result in dismissal, sanctions, or criminal charges.

Mistake #4: Ignoring the Means Test

If you previously filed Chapter 7, your income situation may have changed. Verify Chapter 7 eligibility through the means test.

Mistake #5: Not Updating Asset Values

Property values change. Update home, vehicle, and asset valuations for accurate exemption calculations.

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Frequently Asked Questions

Can I file bankruptcy in a different state to avoid waiting periods?

No. Bankruptcy is federal law. Waiting periods apply nationwide regardless of where you file.

Does the waiting period start from discharge date or filing date?

Filing date. The clock starts ticking when you file the petition, not when you receive discharge.

What if I didn't get a discharge in my previous case?

If your case was dismissed without discharge, you can generally file again immediately, though automatic stay protection may be limited.

Can I switch from Chapter 13 to Chapter 7 mid-case?

Yes, you can convert an active Chapter 13 to Chapter 7 if you:

• Qualify under the means test
• Haven't received a Chapter 7 discharge within 8 years
• Are willing to surrender non-exempt assets

Will my creditors know I filed before?

Yes, bankruptcy filings are public record. Your attorney will review your credit report and previous case information.

Can I file Chapter 13 after Chapter 7 if I need to stop foreclosure?

Yes, but you must wait 4 years after the Chapter 7 filing date. The Chapter 13 won't discharge unsecured debts, but it can stop foreclosure.

Do business bankruptcies count toward personal waiting periods?

Corporate bankruptcies: No, don't count against personal filings Sole proprietorship: Yes, counts as personal filing Partnership: May count depending on liability exposure

What if my financial situation has changed dramatically?

Changes in income, expenses, or assets can affect:

• Means test eligibility (Chapter 7)
• Plan payment amounts (Chapter 13)
• Exemption strategies

Always disclose changes to your attorney.

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Taking Action: Your Next Steps

If You Think You Might Be Eligible

1. Locate your previous case documents

   • Case number (format: 2:18-bk-12345)
   • Filing date
   • Discharge or dismissal date
   • Chapter filed

2. Calculate the waiting period

   • Use the chart above
   • Count from filing date, not discharge date

3. Check for exceptions

   • Did you pay 70%+ to unsecured creditors in Chapter 13?
   • Was previous case dismissed without discharge?

4. Consult an Arizona bankruptcy attorney

   • Verify timing calculations
   • Explore strategic options
   • Determine if filing now makes sense

If You're Not Yet Eligible

1. Mark your calendar — Know your earliest eligibility date
2. Explore alternatives — Debt settlement, credit counseling, negotiation
3. Prepare for filing — Gather documents, save filing fees
4. Protect your assets — Understand exemption planning
5. Rebuild credit — Start recovery process now

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Related Resources

• Chapter 7 vs Chapter 13 in Arizona
• Emergency Bankruptcy Filing Arizona
• Arizona Bankruptcy Exemptions 2026
• How to File Bankruptcy in Arizona
• Stop Wage Garnishment Arizona

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