The Complete Discharge Bar Table
This table shows every discharge timing bar across all chapter combinations. All periods are measured filing date to filing date.
| Prior Discharge | New Ch. 7 | New Ch. 13 | New Ch. 11 | New Ch. 12 |
|---|---|---|---|---|
| Ch. 7 discharge | 8 yrs (727(a)(8)) | 4 yrs (1328(f)(1)) | No bar | No bar |
| Ch. 11 discharge | 8 yrs (727(a)(8)) | 4 yrs (1328(f)(1)) | No bar | No bar |
| Ch. 13 discharge | 6 yrs* (727(a)(9)) | 2 yrs (1328(f)(2)) | No bar | No bar |
| Ch. 12 discharge | 6 yrs* (727(a)(9)) | 4 yrs (1328(f)(1)) | No bar | No bar |
| Dismissed (any ch.) | No bar | No bar | No bar | No bar |
* Exceptions exist for 100% plans or 70%+ good-faith/best-effort plans under Section 727(a)(9). All periods measured filing date to filing date. Dismissal triggers no discharge bar, but may trigger the separate Section 109(g) filing bar.
Visual Timeline
How the discharge bars compare visually. Each bar shows how long you must wait for a new discharge after a prior filing.
The Five Statutes
1. Section 727(a)(8) -- 8-Year Bar
Bars a Chapter 7 discharge if the debtor received a prior Chapter 7 or Chapter 11 discharge in a case filed within 8 years. No exceptions. The longest discharge bar in the Code. Full guide.
2. Section 727(a)(9) -- 6-Year Bar
Bars a Chapter 7 discharge if the debtor received a prior Chapter 12 or Chapter 13 discharge in a case filed within 6 years. Two exceptions for 100% plans and 70%+ good-faith plans. Full guide.
3. Section 1328(f)(1) -- 4-Year Bar
Bars a Chapter 13 discharge if the debtor received a prior Chapter 7, 11, or 12 discharge in a case filed within 4 years. This is the bar that applies to the Chapter 20 strategy.
4. Section 1328(f)(2) -- 2-Year Bar
Bars a Chapter 13 discharge if the debtor received a prior Chapter 13 discharge in a case filed within 2 years. The shortest discharge timing bar. Full guide.
5. Section 109(g) -- 180-Day Filing Bar
Unlike the others, 109(g) is a filing bar, not a discharge bar. It prevents a debtor from filing any new bankruptcy case for 180 days after a dismissal that resulted from the debtor's willful failure to abide by court orders or to appear, or after a voluntary dismissal following a motion for relief from stay. Full guide.
Key distinction: Sections 727(a)(8), 727(a)(9), and 1328(f) are discharge bars -- you can file, but you cannot receive a discharge. Section 109(g) is a filing bar -- you cannot file at all. Section 109(g) is also much shorter (180 days vs. years) and applies only after specific types of dismissals.
Rules That Apply to All Discharge Bars
- Filing date to filing date. Every bar is measured from the filing date of the prior case to the filing date of the new case. The discharge date is never part of the calculation. Full explanation.
- Discharge required. The bars apply only when the prior case resulted in a discharge. Dismissed cases, denied discharges, and revoked discharges do not trigger these bars.
- No judicial discretion. Courts cannot waive or shorten these periods. If the math does not work, the discharge will be denied.
- No bar for Ch. 11 or Ch. 12. There is no discharge timing bar for filing Chapter 11 or Chapter 12 after any prior discharge.
- Multiple priors. If you have more than one prior discharge, each creates its own independent bar. You must satisfy all of them.
- Any district. The bar applies regardless of where the prior case was filed. Courts use PACER to check nationwide.
Frequently Asked Questions
What are all the bankruptcy discharge bars?
727(a)(8) -- 8 years, Ch.7/11 to Ch.7. 727(a)(9) -- 6 years, Ch.12/13 to Ch.7 (with exceptions). 1328(f)(1) -- 4 years, Ch.7/11/12 to Ch.13. 1328(f)(2) -- 2 years, Ch.13 to Ch.13. 109(g) -- 180 days filing bar after certain dismissals.
Is there a discharge bar for filing Chapter 11?
No. There is no discharge timing bar for Chapter 11 or Chapter 12 following any prior discharge.
What is the shortest way to get a new discharge?
Chapter 13 to Chapter 13 -- 2 years under Section 1328(f)(2). Or file Chapter 11, which has no bar at all (though Chapter 11 is expensive and complex).