How do I calculate when I can file Chapter 7 again?

Take the filing date (not discharge date) of your prior Chapter 7 case and add 8 years. That is the earliest date you can file a new Chapter 7 and receive a discharge. The calculation runs filing date to filing date under Section 727(a)(8).

What date do I use -- the filing date or the discharge date?

Use the filing date (petition date). The discharge date is irrelevant. Section 727(a)(8) measures from when the prior case was 'commenced' (filed) to when the new case is filed. This is the single most common mistake people make.

When Can I File Chapter 7 Again? Date Calculator

What chapter was your prior case?

Select the chapter of your prior case that resulted in a discharge.

Prior case filing date (petition date)

The date you filed the prior case -- not the date the discharge was entered. Why this matters.

I paid at least 70% of unsecured claims and the plan was proposed in good faith with best effort.

If checked, the 727(a)(9) 6-year bar may not apply. This is determined by the court, not automatically.

How This Calculator Works

The calculator applies the discharge bar rules from the Bankruptcy Code:

Prior Chapter 7 or 11 discharge: Wait 8 years from the prior filing date. This is Section 727(a)(8).
Prior Chapter 13 or 12 discharge: Wait 6 years from the prior filing date -- unless you paid 100% or 70%+ in good faith. This is Section 727(a)(9).

All periods are measured from filing date to filing date. The discharge date of the prior case does not affect the calculation. See Filing Date to Filing Date for why.

What About Filing Chapter 13 Instead?

This calculator addresses Chapter 7 eligibility only. If you want to file Chapter 13 instead, different rules apply under Section 1328(f):

Prior Chapter 7 discharge: 4-year bar on Chapter 13 discharge
Prior Chapter 13 discharge: 2-year bar on Chapter 13 discharge

Use the 1328f.com eligibility screener to check all discharge bars across all chapter combinations at once, or see the full comparison table.

Not Legal Advice

This calculator provides general information based on the Bankruptcy Code. Individual circumstances vary. Court practices, local rules, and specific case facts can affect eligibility. Consult a bankruptcy attorney before making filing decisions.