Chapter 7 to Chapter 7 -- The 8-Year Bar

The 727(a)(8) Bar Explained

Section 727(a)(8) of the Bankruptcy Code provides that a debtor cannot receive a Chapter 7 discharge if the debtor received a discharge in a prior Chapter 7 case filed within 8 years before the date the current case was filed.

This is the longest and most common discharge bar. If you filed Chapter 7 and received a discharge, you must wait a full 8 years from the date you filed that prior case before filing another Chapter 7 case that will result in a discharge.

How to Calculate the 8-Year Period

The calculation is straightforward:

1. Find the filing date of your prior Chapter 7 case (not the discharge date)
2. Add exactly 8 years
3. You can file your new Chapter 7 case on or after that date

Example: If your prior Chapter 7 was filed on March 15, 2018 and you received a discharge on June 20, 2018, you can file a new Chapter 7 on or after March 15, 2026. The June 20 discharge date is irrelevant.

What If You Cannot Wait 8 Years?

You have two main alternatives if 8 years is too long to wait:

• File Chapter 13 after 4 years -- Under Section 1328(f)(1), you can receive a Chapter 13 discharge if the prior Chapter 7 was filed at least 4 years before the new filing. This is the "Chapter 20" strategy. Learn more →
• File Chapter 13 for protection only -- You can file Chapter 13 even within the 4-year window for the automatic stay protection, but you will not receive a discharge at the end. This still allows you to cure mortgage arrears through a plan.

Common Questions About the 8-Year Bar

Does conversion count as a new filing?

No. If your case was converted from Chapter 13 to Chapter 7, the filing date is the date the original petition was filed, not the conversion date. This can work in your favor or against you depending on timing.

What if my prior case was dismissed, not discharged?

The 727(a)(8) bar only applies if you received a discharge in the prior case. If the case was dismissed, there is no discharge bar -- though you may face the 180-day filing bar under Section 109(g) depending on why the case was dismissed.

Does this apply to Chapter 11 individual discharges?

The bar applies when the prior discharge was granted under Section 727 (Chapter 7 liquidation). Chapter 11 individual discharges are granted under Section 1141, and the interplay is governed by Section 727(a)(8) which specifically references prior Chapter 7 or Chapter 11 discharges.