The 1328(f)(2) Bar Explained
Section 1328(f)(2) prevents a Chapter 13 discharge if the debtor received a discharge in a prior Chapter 13 case that was filed within 2 years before the current case was filed.
At only 2 years, this is the shortest discharge bar in the Bankruptcy Code. It reflects the policy that Chapter 13 debtors -- who commit to a multi-year repayment plan -- deserve a shorter waiting period before they can use Chapter 13 again.
Key point: Like all discharge bars, the 2-year period is measured from the filing date of the prior case to the filing date of the new case. Since a Chapter 13 plan takes 3-5 years to complete, the 2-year bar will almost always have expired by the time you finish your current plan and would need to file again.
When Does This Bar Actually Apply?
Because Chapter 13 plans last 3-5 years, the 2-year bar rarely blocks anyone in practice. The scenarios where it comes up:
- Completed a 36-month plan -- Filed, completed a 3-year plan, received discharge, then needed to refile. The 2-year window has already passed.
- Hardship discharge -- If you received a hardship discharge under Section 1328(b) after only 1 year of payments, the 2-year bar could still be in effect if you try to refile immediately.
- Short plan confirmed -- Some districts allow 36-month plans for below-median debtors, and a discharge could come as early as 38-40 months after filing. If you need to refile immediately, you are well past the 2-year window.
Compared to Other Bars
| Scenario | Bar | Years |
|---|---|---|
| Ch.7 → Ch.7 | 727(a)(8) | 8 |
| Ch.13 → Ch.7 | 727(a)(9) | 6 |
| Ch.7 → Ch.13 | 1328(f)(1) | 4 |
| Ch.13 → Ch.13 | 1328(f)(2) | 2 |
The 2-year bar for Chapter 13 to Chapter 13 is the most lenient path back into bankruptcy. This makes Chapter 13 the preferred chapter for debtors who anticipate potential future financial difficulties.
Practical Considerations
Automatic stay limits: Even though the discharge bar is only 2 years, the automatic stay under Section 362 may be limited if your prior case was pending within the past year. Under Section 362(c)(3), the stay terminates after 30 days unless extended by court order. Under Section 362(c)(4), if two or more cases were pending in the prior year, there is no automatic stay at all.
Good faith: Courts may scrutinize back-to-back Chapter 13 filings for good faith under Section 1325(a)(3). A debtor who repeatedly files Chapter 13 cases that fail may face a finding that the new case was not filed in good faith.
Check Your Earliest Filing Date
Stay updated on new datasets and research findings
No spam. No marketing. Just data.
Related Resources
section1328.org -- Full Chapter 13 discharge analysis
serialfiler.org -- Serial filing patterns and repeat filing rates
automaticstay.org -- Stay limits for repeat filers under 362(c)
bankruptcyhardship.org -- Hardship discharge under 1328(b)