The answer depends on the type and exact outcome of the first procedure. The relevant date comes from the final court order or the Federal Bankruptcy Register, not simply the year in which the first petition was filed.
Court route
Five years run from completion of asset realisation or termination during it.
Creditor filing
It may occur earlier, but the new case does not discharge the obligations.
MFC route
Article 223.2 sets a separate trigger for a repeat out-of-court application.
A repeat court filing by the debtor
Article 213.30(2) prevents a new case on the debtor’s own petition for five years from completion of asset realisation or termination of the case during that procedure. The period is not calculated from the initial petition, first hearing or acceptance decision.
When a creditor starts the new case
A registered creditor or authorised public body may apply within the five-year period if the general statutory conditions are met. If the individual is declared bankrupt again, the discharge in Article 213.28(3) does not apply. Unsatisfied matured claims remain enforceable after the procedure.
Repeat out-of-court bankruptcy through the MFC
Article 223.2(8) permits a repeat MFC application no earlier than five years after termination or completion of the earlier out-of-court procedure and after specified outcomes of a court case. All current MFC eligibility conditions must also be met. A returned application is different: Article 223.2 allows a new application one month after the return notice.
Finding the correct date
| Earlier outcome | Evidence | Do not substitute |
|---|---|---|
| Asset realisation completed | Commercial court order | Initial filing or procedure-start date |
| Case terminated during realisation | Termination order | Last hearing or publication |
| MFC procedure completed or terminated | Federal Bankruptcy Register notice | Date of the MFC visit |
| MFC application returned | Return notice | The five-year restriction does not arise from return |
If the first application was returned or no procedure was opened
Application left without progress
The court has not yet decided whether to open a procedure. The applicant must remedy the defects within the stated time; this order does not start the five-year period under Article 213.30 of the Insolvency Law.
Application returned
A return before asset realisation begins is not a completed bankruptcy. A fresh application may be filed after the reason for return has been remedied, subject to the applicable procedural rules.
Procedure refused
The reason for refusal and the date on which the ruling became final must be checked. Refiling without curing the defect or showing new circumstances may lead to the same result.
Debts incurred after the first bankruptcy
New borrowing is possible, but the debtor must disclose the prior bankruptcy when entering credit or loan agreements during the statutory five years. False information, concealment and borrowing without a genuine intention to repay may prevent discharge. See the guide to debts that survive bankruptcy.
Checklist before refiling
- Obtain the final court order and read its operative part.
- Locate the Federal Bankruptcy Register publication.
- Identify whether asset realisation occurred and how the case ended.
- Review the causes and composition of the new debts.
- Compare the court and MFC routes without mixing their periods.
- Review later transactions, assets, income and good faith.
Frequently asked questions
Can I refile before five years?
The debtor normally cannot start a new court case in that period. A creditor may do so, but the repeat case does not discharge the debts.
Do five years run from the first petition?
No. Article 213.30 refers to completion of asset realisation or termination during that procedure.
Can I use the MFC immediately after a court case?
No if the period in Article 223.2(8) has not expired, and current MFC eligibility must also be satisfied.
Does a returned MFC application create a five-year bar?
No. A new application may generally be made one month after the return notice.
Will a second case discharge all debts?
That depends on timing, applicant, grounds and good faith. Discharge does not apply to a creditor-filed repeat bankruptcy within the five-year period.
Official sources
Need to calculate the refiling date and consequences?
An initial consultation can review the first order, publications, new debts and available procedure without promising discharge.
Initial consultation