How long must I wait between bankruptcy filings?
It depends on the chapter combination. Chapter 7 to Chapter 7: 8 years. Chapter 7 to Chapter 13: 4 years. Chapter 13 to Chapter 7: 6 years (with exceptions). Chapter 13 to Chapter 13: 2 years. All periods run from filing date to filing date.
What is a discharge bar?
A discharge bar is a statutory waiting period that prevents you from receiving a discharge in a new bankruptcy case if you received a discharge in a prior case too recently. You can still file the case, but the court will not discharge your debts.
Can I file bankruptcy even if I'm within the discharge bar period?
Yes, you can file the petition, but you will not receive a discharge. Some people do this strategically to get the automatic stay protection even without a discharge. However, this approach has significant limitations and risks.
How is the waiting period calculated -- filing date or discharge date?
The waiting period runs from filing date to filing date, not from discharge date. This is a critical distinction because the filing date of your previous case may be years before the discharge date, especially in Chapter 13 cases that take 3-5 years to complete.
What is the Chapter 13 to Chapter 13 waiting period?
Under Section 1328(f)(2), you must wait 2 years from the filing date of your prior Chapter 13 case to receive a discharge in a new Chapter 13 case. This is the shortest discharge bar period.
Can I get a Chapter 7 discharge 6 years after a Chapter 13?
Usually you must wait 6 years, but there is an exception: if your prior Chapter 13 plan paid unsecured creditors at least 70% and the plan was proposed in good faith, the 6-year bar does not apply. This exception is under Section 727(a)(9).
What happens if I file too early?
If you file before the discharge bar expires, a creditor or the trustee can object to your discharge. The court will deny the discharge. Your case may continue for other purposes (like asset distribution or plan payments), but you will not get the debt relief.
Does a dismissed bankruptcy count toward the waiting period?
No. A dismissed case does not produce a discharge, so it does not trigger a discharge bar. However, it may trigger a filing bar under Section 109(g) and reduced automatic stay under Section 362(c)(3) or (c)(4).
What if my prior discharge was revoked?
If your prior discharge was revoked (under Section 727(d)), the discharge bar may not apply because you no longer have a valid prior discharge. This is a complex legal question that depends on the circumstances of the revocation.
Can I convert my case to avoid the discharge bar?
Converting from one chapter to another does not reset the filing date for discharge bar purposes. The filing date of the original petition controls. However, conversion may change which discharge bar applies (e.g., converting from Chapter 7 to Chapter 13 may invoke a different waiting period).
What is a Chapter 20 and how does the discharge bar affect it?
A Chapter 20 is filing Chapter 13 immediately after a Chapter 7 discharge. The 4-year discharge bar under 1328(f)(1) means you may not receive a Chapter 13 discharge, but you can still use the Chapter 13 plan to restructure secured debts. This is a recognized strategy.
Do discharge bars apply to business bankruptcies?
Discharge bars under 727(a)(8) and 1328(f) only apply to individual debtors. Corporations and LLCs do not receive discharges in Chapter 7, and Chapter 11 corporate debtors are governed by different rules.
How do I look up my prior filing date?
Search PACER (Public Access to Court Electronic Records) using your name and Social Security number. You can also contact the clerk of the court where you previously filed. Our calculator at dischargebar.org/calculator.html helps you determine your eligibility date.
Can the court waive the discharge bar?
No. Discharge bar periods are set by statute and cannot be waived by the court, creditors, or the debtor. There are no equitable exceptions or hardship waivers. The only exception is the 70% payment rule for Chapter 13-to-Chapter 7 timing.
What should I do if I'm approaching the end of a discharge bar?
Start preparing early. Gather financial documents, take credit counseling, and consult an attorney 2-3 months before the bar expires. This way you can file promptly on the eligibility date if needed.