Bankruptcy Waiting Periods: Every Chapter Combination
The Bankruptcy Code contains three separate statutes that control how long you must wait between receiving a discharge in one case and receiving a discharge in a new case. This page explains each statute in detail, including the exact language, how courts measure the time periods, and the exceptions that apply.
Quick Reference Table
| Prior Discharge | New Case | Wait | Statute | Measured From |
|---|---|---|---|---|
| Chapter 7 | Chapter 7 | 8 years | 727(a)(8) | Filing to filing |
| Chapter 13 | Chapter 7 | 6 years | 727(a)(9) | Filing to filing |
| Chapter 7 | Chapter 13 | 4 years | 1328(f)(1) | Filing to filing |
| Chapter 13 | Chapter 13 | 2 years | 1328(f)(2) | Filing to filing |
| Chapter 12 | Chapter 13 | 2 years | 1328(f)(2) | Filing to filing |
| Chapter 12 | Chapter 7 | 6 years | 727(a)(9) | Filing to filing |
The Three Statutes
11 U.S.C. Section 727(a)(8) -- The 8-Year Bar
727(a)(8): "The court shall grant the debtor a discharge, unless the debtor has been granted a discharge under this section... in a case commenced within 8 years before the date of the filing of the petition."
This is the longest waiting period in the Bankruptcy Code. It applies only when you are seeking a Chapter 7 discharge after receiving a prior Chapter 7 (or Chapter 11) discharge. The 8-year period runs from the filing date of the prior case to the filing date of the new case.
Example: You filed Chapter 7 on January 15, 2018. The earliest you can file a new Chapter 7 and receive a discharge is January 15, 2026.
There are no exceptions to this rule. If the 8-year period has not passed, the court must deny your Chapter 7 discharge. Learn more at 727a8.com.
11 U.S.C. Section 727(a)(9) -- The 6-Year Bar
727(a)(9): "The court shall grant the debtor a discharge, unless the debtor has been granted a discharge under section 1228 or 1328... in a case commenced within 6 years before the date of the filing of the petition, unless payments under the plan... totaled 100 percent... or 70 percent... and the plan was proposed in good faith and was the debtor's best effort."
This statute prevents a Chapter 7 discharge if you received a Chapter 13 (or Chapter 12) discharge in a case filed within the preceding 6 years. However, unlike Section 727(a)(8), this one has two exceptions:
- 100% payment: If your prior Chapter 13 plan paid unsecured creditors 100% of their allowed claims, the 6-year bar does not apply.
- 70% payment + good faith + best effort: If the plan paid at least 70% of unsecured claims, and the plan was proposed in good faith, and it represented your best effort, the bar does not apply.
Example: You filed Chapter 13 on March 1, 2020 and received a discharge. Your plan paid unsecured creditors 45%. You cannot file Chapter 7 until March 1, 2026. But if your plan had paid 100%, you could file Chapter 7 at any time.
11 U.S.C. Section 1328(f) -- The 4-Year and 2-Year Bars
1328(f)(1): "...the court shall not grant a discharge... if the debtor has received a discharge... in a case filed under chapter 7, 11, or 12... during the 4-year period preceding the date of the order for relief..."
1328(f)(2): "...in a case filed under chapter 13... during the 2-year period preceding the date of such order..."
Section 1328(f) governs discharge eligibility in Chapter 13 cases. It has two subsections:
- 1328(f)(1) -- 4 years: You cannot receive a Chapter 13 discharge if you received a discharge under Chapter 7, 11, or 12 in a case filed within the preceding 4 years.
- 1328(f)(2) -- 2 years: You cannot receive a Chapter 13 discharge if you received a Chapter 13 discharge in a case filed within the preceding 2 years.
There are no exceptions to Section 1328(f). If the time period has not elapsed, the court cannot grant a Chapter 13 discharge. You can still file the case and benefit from the automatic stay and plan treatment, but you will not receive a discharge at the end.
How Courts Measure the Waiting Period
All three statutes measure from filing date to filing date (technically, the date of the "order for relief," which in a voluntary case is the same as the filing date). This is a critical distinction. Many people assume the clock starts from the date they received their discharge, but that is not how the statute works.
This means the effective waiting period is actually shorter than it appears, because the discharge typically comes 3-4 months after filing in a Chapter 7 case, and 3-5 years after filing in a Chapter 13 case. If you received a Chapter 7 discharge 7.5 years ago, you may already be past the 8-year bar if your case was filed more than 8 years ago.
Tip: To find out when you filed your prior case, check your PACER records, contact the bankruptcy court clerk, or look at the petition date on your prior case documents. Do not use the discharge date -- use the filing date.
What About Chapter 11 and Chapter 12?
Chapter 11 discharges are treated similarly to Chapter 7 for purposes of the waiting periods. A prior Chapter 11 discharge triggers the 8-year bar under Section 727(a)(8) for a subsequent Chapter 7 case, and the 4-year bar under Section 1328(f)(1) for a subsequent Chapter 13 case.
Chapter 12 (family farmer/fisherman) discharges trigger the 6-year bar under Section 727(a)(9) for a subsequent Chapter 7 case, and the 2-year bar under Section 1328(f)(2) for a subsequent Chapter 13 case.
Not Sure Where You Stand?
Use our free date calculator to determine your earliest eligible filing date. Enter your prior filing date, prior chapter, and the chapter you want to file now, and it will calculate the answer instantly.
If you had a prior discharge and want to check whether it shows up in court records, you can screen your case at 1328f.com for free.
This site provides general information about bankruptcy law and does not constitute legal advice. No attorney-client relationship is created by using this site. Consult a licensed attorney for advice about your specific situation.