The 4-Year Bar Under Section 1328(f)(1)
If you received a Chapter 7 discharge and want to file Chapter 13, the waiting period for a new discharge is 4 years -- half the 8-year bar that applies to Chapter 7 to Chapter 7 under Section 727(a)(8).
11 U.S.C. Section 1328(f)(1): "Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge -- (1) in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter."
Like every other discharge bar, this is measured filing date to filing date. The discharge date of the prior Chapter 7 is irrelevant.
Why File Chapter 13 After Chapter 7?
If you already received a Chapter 7 discharge, why would you need bankruptcy again? Several common reasons:
- Mortgage arrearages: You fell behind on your mortgage after the Chapter 7 discharge. Chapter 13 lets you cure the arrearage over 3-5 years while keeping the house.
- Car loan arrearages: Same concept -- cure arrearages on a secured loan through the plan.
- Tax debts: Some tax debts that survived the Chapter 7 can be paid through a Chapter 13 plan.
- New unsecured debt: If you accumulated new unsecured debt after the Chapter 7 discharge (medical bills, credit cards opened post-discharge), Chapter 13 can address it.
- Lien stripping: In some jurisdictions, Chapter 13 allows stripping wholly unsecured junior liens on real property.
The "Chapter 20" Strategy
"Chapter 20" is not a chapter of the Bankruptcy Code. It is an informal term for filing Chapter 7 followed by Chapter 13 (7 + 13 = 20). This is a legitimate, court-recognized strategy:
- Step 1: File Chapter 7. Discharge unsecured debt (credit cards, medical bills, personal loans).
- Step 2: After the Chapter 7 discharge, file Chapter 13. Use the plan to cure secured debt arrearages (mortgage, car loan) over 3-5 years.
The Catch
If you file Chapter 13 within 4 years of the Chapter 7 filing, Section 1328(f)(1) prevents a Chapter 13 discharge. This means:
- Your Chapter 13 plan payments will be distributed to creditors normally
- You get the automatic stay (stops foreclosure, repossession, garnishment)
- You can cure arrearages through the plan
- But any debts remaining at the end of the plan will not be discharged
When this does not matter: If your unsecured debts were already discharged in the Chapter 7, and your Chapter 13 plan is designed to pay 100% of remaining secured claims, there may be nothing left to discharge. The absence of a Chapter 13 discharge is irrelevant if the plan pays everything.
When this does matter: If you have new unsecured debts that arose after the Chapter 7 discharge, those debts were not covered by the Chapter 7 discharge. Without a Chapter 13 discharge, those debts survive. Courts are also split on whether a no-discharge Chapter 13 plan can strip junior liens.
Comparison: Filing After Chapter 7
| New case | Waiting period | Statute |
|---|---|---|
| Chapter 7 again | 8 years | 727(a)(8) |
| Chapter 13 | 4 years | 1328(f)(1) |
| Chapter 11 | No bar | -- |
| Chapter 12 | No bar | -- |
All periods measured filing date to filing date. See full comparison.
Frequently Asked Questions
Can I file Chapter 13 after Chapter 7?
Yes. You can file at any time. But a Chapter 13 discharge is barred for 4 years from the prior Chapter 7 filing date under Section 1328(f)(1). You can still complete the plan -- you just may not receive a discharge.
What is a Chapter 20 bankruptcy?
An informal term for Chapter 7 followed by Chapter 13 (7 + 13 = 20). The Chapter 7 eliminates unsecured debt; the Chapter 13 addresses secured debt arrearages. It is a legitimate strategy recognized by courts.
Why would I file Chapter 13 if I cannot get a discharge?
The automatic stay stops foreclosure and repossession. The plan lets you cure arrearages over 3-5 years. If your unsecured debts were already discharged in Chapter 7, there may be nothing left to discharge in Chapter 13.