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The Complete Discharge Bar Table

The Bankruptcy Code contains four main time-based discharge bars that apply to repeat filers. Which one applies depends on two things: the chapter of your prior case and the chapter of your new case. All periods are measured from filing date to filing date.

Section 727(a)(8) -- Chapter 7 After Chapter 7

Section 727(a)(8) is the strictest discharge bar: a full 8 years, with no exceptions. If you received a Chapter 7 discharge in a case filed within the past 8 years, you cannot receive another Chapter 7 discharge. Period.

This statute also covers the relatively rare case of an individual Chapter 11 discharge. If your prior discharge was under Section 1141 (Chapter 11), the same 8-year bar applies to a subsequent Chapter 7 filing.

Section 727(a)(9) -- Chapter 7 After Chapter 13

Section 727(a)(9) imposes a 6-year bar on Chapter 7 after a Chapter 13 (or Chapter 12) discharge. Unlike 727(a)(8), this bar has exceptions. If you paid 100% of unsecured claims, or paid at least 70% in good faith with best effort, the bar does not apply.

This exception exists because Chapter 13 debtors who pay a high percentage of their debts are not abusing the system by subsequently filing Chapter 7. They earned the right to a fresh start by making substantial repayments.

Section 1328(f) -- Chapter 13 Discharge Bars

Section 1328(f) was created by BAPCPA in 2005 and has two subsections:

1328(f)(1) -- Chapter 13 After Chapter 7, 11, or 12

If you received a discharge under Section 727 (Chapter 7), 1141 (Chapter 11), or 1228 (Chapter 12) in a case filed within 4 years before the new Chapter 13 filing, the court may not grant a Chapter 13 discharge.

This does not prevent you from filing Chapter 13. You can still file for the automatic stay and the structured repayment plan. But you will not receive a discharge at the end of the plan. For some debtors, particularly those facing imminent foreclosure or wage garnishment, a Chapter 13 without discharge can still provide meaningful relief.

1328(f)(2) -- Chapter 13 After Chapter 13

If you received a Chapter 13 discharge in a case filed within 2 years before the new Chapter 13 filing, the court may not grant a discharge. This is the shortest bar in the system, reflecting the lower abuse concern for debtors who complete repayment plans.

For a deeper explanation of Section 1328(f), see the 1328(f) explainer on 1328f.com.

What About Section 109(g)?

Section 109(g) is different from the discharge bars above. It is a filing bar, not a discharge bar. It prevents you from filing any bankruptcy case for 180 days if your prior case was dismissed under certain circumstances:

• Dismissed for willful failure to abide by court orders or appear before the court (Section 109(g)(1))
• You requested and obtained voluntary dismissal after a creditor sought relief from stay (Section 109(g)(2))

Section 109(g) applies to all chapters and prevents filing entirely, not just the discharge. For more, see the Section 109(g) explainer on 1328f.com.

How to Read the Table: Common Scenarios

Scenario 1: Filed Chapter 7 three years ago, want to file Chapter 7 again

You are within the 8-year window under 727(a)(8). You cannot get a Chapter 7 discharge. Your options: wait 5 more years, or file Chapter 13 instead (but 1328(f)(1) will bar your Chapter 13 discharge since you are within 4 years).

Scenario 2: Completed Chapter 13 four years ago, want to file Chapter 7

You are within the 6-year window under 727(a)(9). But if you paid 70%+ of unsecured claims in good faith with best effort, the bar does not apply. Check your trustee's final report.

Scenario 3: Filed Chapter 7 five years ago, want to file Chapter 13

The 727(a)(8) bar (8 years for Ch7-to-Ch7) does not apply because you are filing Chapter 13, not Chapter 7. But 1328(f)(1) imposes a 4-year bar on Chapter 13 discharge after Chapter 7. Since 5 years have passed, you are outside the 4-year window. You can file Chapter 13 and receive a discharge.

Scenario 4: Completed Chapter 13 one year ago, want to file Chapter 13 again

You are within the 2-year window under 1328(f)(2). You can file Chapter 13 for the automatic stay and repayment plan, but you will not receive a discharge at the end.

Use Our Tools

• 727a8.com Date Calculator -- calculate your Chapter 7 eligibility date
• 1328f.com Eligibility Screener -- check all discharge bars across all chapters at once
• 1328f.com Compare All Bars -- interactive comparison tool