How Soon Can You File for Bankruptcy Again in Colorado? Understanding Time Limits After a Previous Filing

If you’ve previously filed for bankruptcy and are facing financial challenges again, you may wonder: how long do you have to wait to file bankruptcy a second time? Many Denver and Colorado residents are surprised to learn that there is no lifetime limit on filing bankruptcy — but there are strict waiting periods (also called time limits or “look-back periods”) before you can receive a new discharge of debts.

These rules come from federal bankruptcy law (the U.S. Bankruptcy Code) and apply nationwide, including in Colorado and the District of Colorado Bankruptcy Court in Denver. The exact waiting period depends on:

• The chapter of your previous bankruptcy (Chapter 7 or Chapter 13)
• The chapter you want to file now
• Whether you received a discharge in your prior case

Missing these time limits doesn’t prevent you from filing — but you won’t receive a discharge if you file too soon.

Key Waiting Periods for Receiving a Bankruptcy Discharge (2025 Rules)

The clock starts on the filing date of your previous case (not the discharge date). Here’s a clear breakdown:

Important: These are the standard federal rules under 11 U.S.C. §§ 727(a)(8)–(9) and 1328(f). Colorado follows them exactly — there are no state-specific variations for these time bars.

Exceptions That Can Shorten (or Eliminate) the Wait

• Prior Chapter 13 paid 100% of unsecured claims → No wait for a new Chapter 7.
• Prior Chapter 13 paid at least 70%, plan in good faith, and your “best effort” → No mandatory wait for Chapter 7.
• If your previous case was dismissed (not discharged), the waiting periods usually don’t apply — you can often refile immediately (unless the dismissal was “with prejudice” for abuse).

Why Do These Time Limits Exist?

Congress added these rules in 2005 (BAPCPA) to prevent abuse of the bankruptcy system while still allowing honest debtors a true fresh start when life throws unexpected hardships — medical bills, job loss, divorce, etc. — even after a prior filing.

Can You File Bankruptcy Before the Waiting Period Ends?

Yes — and it can still help! You get the automatic stay to stop collections, foreclosures, and garnishments immediately upon filing. Many Denver filers use this strategy:

• File Chapter 13 soon after a Chapter 7 (even before 4 years) to catch up on mortgage arrears, car payments, or nondischargeable debts like recent taxes — without needing a full discharge.
• This is sometimes called a “Chapter 20” bankruptcy (7 + 13).

However, without a discharge, unsecured debts from the new case remain (though you may pay a portion through a plan).

Special Considerations for Denver and Colorado Residents

• The U.S. Bankruptcy Court for the District of Colorado (Denver Division) handles all cases.
• Colorado’s generous exemptions (homestead from $250,000 to $350,000 (for seniors/disabled) often let filers keep more property regardless of chapter.
• Local trustees and judges strictly enforce the federal waiting periods — always check your prior case filing date.

What Should You Do Next?

Timing mistakes can waste time and money. An experienced Denver bankruptcy attorney can:

• Pull your prior case records
• Calculate exact eligibility dates
• Advise if filing now (without discharge) makes sense
• Explore alternatives like debt settlement or restructuring

Don’t guess — the rules are complex, and a quick consultation is free.

Facing debt again in Denver, Aurora, Centennial, Lakewood, or anywhere in Colorado? Contact our experienced bankruptcy team today for a free case review. We help Coloradans navigate second (and even third) filings every year. Call 303-832-2655 or fill out our online form to get started on your fresh start.

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