• The rules on qualifying to file for a second bankruptcy in Florida depend on how recently you filed your first bankruptcy, what type of bankruptcy you filed the first time, whether you received a debt discharge under the first bankruptcy and what type of bankruptcy you will file the second time. It is generally easier to file for Chapter 13 a second time rather than a Chapter 7. You typically have to wait longer before filing a second Chapter 7. Importantly, it does not matter whether you filed your first bankruptcy in Florida or another state; the rules are the same no matter where you filed your first bankruptcy.
  
  

Debt Discharge

• The most important concept to understand about filing for a second bankruptcy in Florida is the debt discharge. Under Chapter 7 bankruptcy, you always receive a debt discharge, which means you have debts that, because of the bankruptcy, you are no longer legally required to repay. Under Chapter 13, however, a debt discharge does not always occur. Some Chapter 13 repayment plans include a debt discharge, but others do not. So if you previously filed for Chapter 13 bankruptcy, you will need to find out whether you received a debt discharge under your Chapter 13 plan.
  
  

Chapter 7

• If you previously filed for a Chapter 7 bankruptcy, you must wait at least eight years before you file for another Chapter 7 bankruptcy in Florida. So, if you filed for bankruptcy on February 5, 2005, then you cannot file for another Chapter 7 bankruptcy until February 6, 2013.
  
  If you previously filed for a Chapter 7, you must wait at least four years before you can qualify for a debt discharge under Chapter 13 in Florida. This does not mean you can't file for Chapter 13 within those four years, though; it simply means you can't receive a debt discharge under the Chapter 13 plan unless you wait the full four years. You could, for example, file for Chapter 13 after three years simply as a means to consolidating your debt into one monthly payment.
  
  

Chapter 13

• You don't need to wait as long if you previously filed for Chapter 13. First of all, if your previous bankruptcy was a Chapter 13 that did not include a debt discharge, you can file for Chapter 7 or Chapter 13 at any time and there is not restriction on obtaining a debt discharge under either Chapter. Again, the important concept is whether your first Chapter 13 included a debt discharge.
  
  If your first Chapter 13 included a debt discharge then you must wait at least two years before you can qualify for another debt discharge under Chapter 13, and you must wait at least four years before you can qualify to file for Chapter 7.