Complete Discharge Bar Reference Table
Federal law imposes five distinct timing bars that limit how often you can file bankruptcy and receive a discharge. Four are discharge bars (they let you file but block the discharge), and one is a filing bar (it blocks the filing itself).
| Bar | Statute | From | To | Years | Measured |
|---|---|---|---|---|---|
| Ch.7 to Ch.7 | 727(a)(8) | Ch.7 discharge | Ch.7 filing | 8 | Filing to filing |
| Ch.13 to Ch.7 | 727(a)(9) | Ch.13 discharge | Ch.7 filing | 6 | Filing to filing |
| Ch.7 to Ch.13 | 1328(f)(1) | Ch.7 discharge | Ch.13 filing | 4 | Filing to filing |
| Ch.13 to Ch.13 | 1328(f)(2) | Ch.13 discharge | Ch.13 filing | 2 | Filing to filing |
| Filing bar | 109(g) | Dismissal | Any filing | 0.5 | Dismissal to filing |
Visual Timeline
How the discharge bars compare visually, on a scale of 0 to 8 years:
727(a)(8) -- Ch.7 to Ch.7
727(a)(9) -- Ch.13 to Ch.7
1328(f)(1) -- Ch.7 to Ch.13
1328(f)(2) -- Ch.13 to Ch.13
109(g) -- Filing bar
Key Rules That Apply to All Bars
Filing date to filing date. Every discharge bar is measured from the date the prior case was filed to the date the new case is filed -- not from the date the discharge was actually entered. This is a critical distinction. If your prior case was filed on January 15, 2020 and you received a Chapter 7 discharge on April 30, 2020, the 8-year clock under 727(a)(8) started on January 15, 2020.
The bar blocks the discharge, not the filing. You can file a new bankruptcy case even if you are within a discharge bar period. You simply will not receive a discharge. This matters because filing still triggers the automatic stay under Section 362 -- but that stay may be limited under Sections 362(c)(3) and 362(c)(4) if you are a repeat filer.
Prior case must have resulted in a discharge. If your prior case was dismissed without a discharge, the discharge bars do not apply (though the 109(g) filing bar might). The bars only kick in when you actually received a discharge in the prior case.
Common mistake: Many people (and some attorneys) incorrectly measure discharge bars from the date of discharge rather than the date of filing. This error can result in filing too early and completing an entire case without receiving a discharge.
The 109(g) Filing Bar -- Different from Discharge Bars
Section 109(g) is fundamentally different from the discharge bars above. It does not prevent a discharge -- it prevents you from filing at all. The 180-day bar applies in two situations:
- Willful failure to comply with court orders -- If your prior case was dismissed because you willfully failed to obey court orders or appear as required.
- Voluntary dismissal after relief from stay motion -- If you voluntarily dismissed your prior case after a creditor filed a motion for relief from the automatic stay.
For a deep dive on the 109(g) filing bar, see 109g.org.
Choosing the Right Path
The discharge bars create a strategic landscape for repeat filers. If you received a Chapter 7 discharge and need to file again, your options are:
- Chapter 13 after 4 years -- File a Chapter 13 and receive a full discharge (the "Chapter 20" strategy)
- Chapter 7 after 8 years -- Wait the full 8 years for another Chapter 7 discharge
- Chapter 13 before 4 years -- File a Chapter 13 for the automatic stay protection, but without a discharge at the end
Explore each combination in detail using the links above, or use our discharge bar calculator to find your earliest eligible dates.
Check Your Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.
Related Resources
727a8.com -- Chapter 7 discharge bar deep dive
section1328.org -- Chapter 13 discharge rules
109g.org -- The 180-day filing bar
serialfiler.org -- Serial filing patterns and data