Filing Date to Filing Date

The Rule

Every discharge bar in the Bankruptcy Code -- 727(a)(8), 727(a)(9), 1328(f)(1), 1328(f)(2) -- is measured the same way: from the filing date of the prior case to the filing date of the new case.

Not from the discharge date. Not from the date the case was closed. Not from the date you received notice of discharge. From the date the petition was filed.

The statute does not say "within 8 years before the prior discharge was granted." It says "in a case commenced within 8 years." The word "commenced" points unambiguously to the filing date.

Why People Get This Wrong

The mistake is understandable. The statute mentions "discharge" prominently. People focus on that word and assume the clock starts when the discharge was entered. But read the statute carefully:

• The condition is a prior discharge "in a case commenced within 8 years"
• "Commenced" means filed -- per 11 U.S.C. Section 301: "A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition"
• The endpoint is also a filing date: "before the date of the filing of the petition" (the new case)

Both ends of the measurement are filing dates. The discharge date appears in the statute only as a qualifying condition -- there must have been a discharge in the prior case. When it was entered is irrelevant.

Case Law: In re Blendheim

The leading case on this point is In re Blendheim, 803 F.3d 477 (9th Cir. 2015). The debtor argued that the 8-year period should run from the date the prior discharge order was entered. The Ninth Circuit rejected this argument.

This is consistent with every other court to address the question. No circuit court has held that the 8-year period runs from the discharge date.

How Much Does the Mistake Cost?

In a standard Chapter 7 case, the discharge is typically entered 3 to 4 months after the petition is filed. In some cases, especially those with adversary proceedings or delayed Section 341 meetings, the gap can be 6 months or more.

Three months may not sound like much, but for someone dealing with aggressive creditors, wage garnishments, or pending lawsuits, every week matters. And counting from the wrong date in the other direction -- filing too early because you miscounted -- is far worse. The discharge will be denied.

All Bars Use the Same Measurement

This is not unique to 727(a)(8). Every discharge timing bar in the Bankruptcy Code uses filing-to-filing measurement:

• 727(a)(8): "case commenced within 8 years" -- filing date
• 727(a)(9): "case commenced within 6 years" -- filing date
• 1328(f)(1): "case filed within 4 years" -- filing date
• 1328(f)(2): "case filed within 2 years" -- filing date
• 109(g): 180-day filing bar -- also measured from filing/dismissal date

The Bankruptcy Code is consistent on this point. Discharge dates are never part of the calculation.

How to Find Your Prior Filing Date

If you are unsure of the exact filing date of your prior case:

1. PACER: Search for your name on PACER. The filing date appears on the docket header.
2. Court clerk: Call the clerk of the bankruptcy court where the prior case was filed and ask for the petition date.
3. Your prior filing documents: The petition date appears on the petition itself and on most court notices from the case.
4. Discharge order: The discharge order typically states the petition date in its heading (but use the petition date, not the date the discharge order was entered).

Once you have the exact filing date, use the date calculator to determine your earliest eligible date for a new filing.

Frequently Asked Questions