About This Site
Federal law imposes strict time bars on how often you can receive a bankruptcy discharge. Section 727(a)(8) prevents a Chapter 7 discharge if you received a prior Chapter 7 discharge within 8 years. Section 1328 discharge requirements(f) prevents a Chapter 13 discharge if you received a prior discharge within specified time periods - 4 years for a prior Chapter 7, and 2 years for a prior Chapter 13.
This site will provide a unified analysis of all discharge bar provisions, including the lesser-known combinations (Chapter 7 after Chapter 13, Chapter 13 after Chapter 11, etc.) and the critical date calculations that determine eligibility. We will explain why getting these calculations wrong can mean filing an entire case that ends without a discharge.
Using data from the federal courts, we will also show how discharge bars interact with serial filing patterns, how often debtors are caught by these timing rules, and what alternatives exist when you are barred from receiving a discharge but still need bankruptcy protection. If you are currently barred from filing, see our practical guide on how to file bankruptcy again once the bar period expires.
Part of the Open Bankruptcy Project - a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.
Frequently Asked Questions
What is a discharge bar?
A discharge bar is a federal timing rule that prevents a debtor from receiving a bankruptcy discharge based on a prior filing. Under Section 727(a)(8), no Chapter 7 discharge is available within 8 years of a prior Chapter 7 filing. Section 1328(f) imposes similar bars for Chapter 13.
How long between bankruptcy discharges?
Chapter 7 to Chapter 7: 8 years. Chapter 7 to Chapter 13: 4 years. Chapter 13 to Chapter 13: 2 years. Chapter 13 to Chapter 7: 6 years (unless the prior Chapter 13 paid 100% of unsecured claims or 70% under a good-faith plan). All periods run from filing date to filing date.
Can I get a Chapter 13 discharge after Chapter 7?
Yes, if at least 4 years have passed from the filing date of the Chapter 7 case to the filing date of the Chapter 13 case. This is the so-called Chapter 20 strategy - using Chapter 7 to discharge unsecured debt, then Chapter 13 to restructure secured debt.
Check Your Bankruptcy Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.
Explore Discharge Topics
Dive deeper into how bankruptcy discharge works by chapter: