How Often Can You File for Bankruptcy in Colorado: What Are the Legal Limits?

Last updated: April 2026

There’s no limit on how many times you can file bankruptcy—but waiting periods apply between discharges. Chapter 7 to Chapter 7 requires 8 years. Chapter 13 to Chapter 13 requires 2 years. Other combinations vary.

Life doesn’t always cooperate with financial recovery. Job loss, medical emergencies, divorce, or economic downturns can push someone back into debt even after completing a previous bankruptcy. The good news: you can file again. The question is when.

Federal bankruptcy law—which applies in Colorado and every other state—sets specific waiting periods between bankruptcy filings. Understanding these timelines helps you plan your options.

Bankruptcy Waiting Periods at a Glance

*May be shorter or eliminated if you paid 100% or 70%+ of debts in the Chapter 13 plan.

How Long After Chapter 7 Can You File Chapter 7 Again?

Eight years from the date you filed the previous Chapter 7 petition—not the discharge date.

The eight-year clock starts on the filing date of your previous Chapter 7 petition. If you filed on March 15, 2018, and received a discharge several months later, you become eligible to file another Chapter 7 on March 15, 2026.

This is the longest waiting period in bankruptcy law. Congress set it this way because Chapter 7 provides complete debt discharge without requiring repayment—a powerful benefit that comes with significant restrictions on repeat use.

How Long After Chapter 7 Can You File Chapter 13?

Four years from the Chapter 7 filing date. However, you can file Chapter 13 sooner if you don’t need a discharge—just the repayment structure.

The four-year rule applies to receiving a discharge in Chapter 13. But Chapter 13 serves purposes beyond discharge—it can stop foreclosure, catch up mortgage arrears, or restructure debts even without discharging the remaining balance.

If you filed Chapter 7 recently but now face foreclosure, you may be able to file Chapter 13 immediately to invoke the automatic stay and propose a repayment plan—even if you won’t qualify for discharge of remaining debts at the end.

How Long After Chapter 13 Can You File Chapter 7?

Six years from the Chapter 13 filing date—unless you paid 100% of your debts or at least 70% in a good-faith plan, in which case there’s no waiting period.

This rule rewards people who made substantial repayments in their Chapter 13 plan. If you completed a plan that paid creditors in full (100%), you can file Chapter 7 immediately after discharge. The same applies if you paid at least 70% of debts and the court finds you proposed the plan in good faith and made your best effort.

If you paid less than 70%, the six-year waiting period applies. Since Chapter 13 plans run three to five years, you may become eligible for Chapter 7 shortly after completing the plan—or may need to wait an additional year or more.

Example: You filed Chapter 13 on January 1, 2020, and completed a five-year plan in January 2025. If you paid less than 70%, you’d be eligible for Chapter 7 on January 1, 2026—one year after completing the plan.

How Long After Chapter 13 Can You File Chapter 13 Again?

Two years from the previous Chapter 13 filing date. This is the shortest waiting period between bankruptcy filings.

Filing Chapter 13 after a previous Chapter 13 is less common, but it happens—particularly when circumstances change during a repayment plan or new debts accumulate after discharge.

The two-year clock runs from petition to petition. If your first Chapter 13 was filed on June 1, 2022, you could file another Chapter 13 as early as June 1, 2024—even if the first case is still ongoing or was dismissed.

What If Your Previous Bankruptcy Was Dismissed?

Dismissal triggers a 180-day waiting period if you voluntarily dismissed after creditors sought relief or if the court dismissed for failure to comply with orders or appear at hearings.

Not all dismissals are equal. If your case was dismissed for technical reasons—missing a document, for example—you may be able to refile immediately. But certain dismissals carry a 180-day bar:

• Voluntary dismissal after creditor relief motion: If a creditor filed a motion for relief from the automatic stay and you responded by dismissing your case, you must wait 180 days.
• Dismissal for non-compliance: If the court dismissed your case because you failed to appear at hearings, didn’t file required documents, or otherwise didn’t comply with court orders, the 180-day bar applies.

Additionally, if you’ve had multiple bankruptcy cases dismissed within the past year, the automatic stay in your new case may be limited or eliminated entirely. This is designed to prevent abuse of the bankruptcy system.

Can the Court Deny Your Bankruptcy Filing?

Yes. Courts can dismiss cases filed in bad faith—including serial filings to delay creditors, running up debt with intent to discharge, or filing frivolous petitions.

Meeting the technical waiting periods doesn’t guarantee your case will proceed. Courts watch for abuse patterns:

• Serial filings to delay creditors: Filing bankruptcy petitions you know will fail just to invoke the automatic stay and delay foreclosure, repossession, or lawsuits.
• Intentional debt accumulation: Running up credit cards or taking loans with no intention of repaying, knowing you’ll file bankruptcy when eligible.
• Concealing assets or income: Hiding property or misrepresenting finances to qualify for bankruptcy or protect assets from creditors.
• Frivolous petitions: Filing without genuine financial distress or without completing required credit counseling and documentation.

If the court finds bad faith, it can dismiss your case, bar you from refiling for a period, or deny discharge of specific debts. In extreme cases, bankruptcy fraud can result in criminal charges.

Can You Include Previously Discharged Debts in a New Bankruptcy?

No—debts discharged in a previous bankruptcy are already eliminated. A new filing addresses new debts accumulated after the previous discharge.

Once a debt is discharged, it’s gone. You don’t need to include it in future filings because you no longer owe it. Your new bankruptcy case deals with debts you’ve accumulated since the previous discharge.

However, if certain debts weren’t discharged in your previous case—student loans, certain taxes, domestic support obligations, or debts excluded due to fraud—those obligations may still exist and could be addressed (or remain non-dischargeable) in a subsequent filing.

Understand Your Options for Filing Again

The waiting periods between bankruptcy filings depend on your specific history—what chapter you filed, whether you received a discharge, how much you repaid, and why any previous cases were dismissed. Holland Law Office helps Colorado residents understand their eligibility and choose the right path forward, whether that’s Chapter 7, Chapter 13, or exploring alternatives to bankruptcy.

Call 970-205-9690 to discuss your situation.