Can You File Bankruptcy Again in Washington?
Yes -- but the timing depends on three separate federal statutes and the reason your prior case ended. This page walks through each bar for Washington filers.
- Section 727(a)(8) - 8-year bar on a second Chapter 7 discharge after a prior Chapter 7 discharge.
- Section 1328(f) - 4-year bar on a Chapter 13 discharge when the prior case was a Chapter 7/11/12 discharge (measured from the filing date of the prior case, not the discharge date).
- Section 109(g) - 180-day bar on any new filing when the prior case was dismissed for willful failure to abide by court orders or was voluntarily dismissed after a motion for relief from stay.
Washington bankruptcy courts (Eastern, Western) apply 9th Circuit 109(g) standards.
Section 727(a)(8): The 8-Year Chapter 7-After-Chapter 7 Bar
Under 11 U.S.C. Section 727(a)(8), a Chapter 7 debtor cannot receive a second Chapter 7 discharge within 8 years of filing the prior case that produced a discharge.
- The 8 years runs from filing date to filing date, not discharge to filing.
- If the prior case was dismissed rather than discharged, 727(a)(8) does not bar the refile -- but 109(g) might.
- A Washington filer whose prior Chapter 7 was filed January 1, 2018, can file a new Chapter 7 on or after January 1, 2026.
See the 727(a)(8) eight-year rule for the full mechanics.
Section 1328(f): The 4-Year Chapter 13-After-Chapter 7 Bar
Under 11 U.S.C. Section 1328(f)(1), a Chapter 13 debtor cannot receive a discharge if a Chapter 7, 11, or 12 discharge was entered in a case filed within 4 years before the current filing.
- This is the so-called "Chapter 20" strategy: filing Chapter 7 first for unsecured-debt discharge, then Chapter 13 to cram down or cure secured debt. The Chapter 13 can still be filed before the 4 years, but without a discharge at completion.
- Section 1328(f)(2) adds a 2-year bar on Chapter 13 after a prior Chapter 13 discharge.
- 4 years is from filing date of prior case to filing date of new case, not discharge date.
For Washington filers considering the Chapter 20 route, the 4-year bar is a planning constraint, not an absolute stopper -- many debtors file the second case intentionally knowing a no-discharge plan still works.
See the 1328(f) four-year rule for a worked example.
Section 109(g): The 180-Day Bar
Under 11 U.S.C. Section 109(g), a debtor cannot be a debtor in any chapter for 180 days after a prior case is dismissed if either:
- 109(g)(1) - the case was dismissed for "willful failure" to abide by court orders or to appear in proper prosecution of the case; or
- 109(g)(2) - the debtor voluntarily dismissed the case after a creditor filed a motion for relief from the automatic stay (MFRS).
WA chapter 7 discharge rates are among the nation's highest.
109(g)(2) is the most common trap for Washington vehicle-loan and mortgage debtors: after a creditor files MFRS, if the debtor voluntarily dismisses to avoid an adverse ruling, the 180-day bar kicks in automatically -- no court order needed.
See 109(g) dismissal bar.
Dismissal With Prejudice in Washington
Separate from the statutory 180 days, Washington bankruptcy courts can dismiss a case "with prejudice" under 11 U.S.C. Section 349(a) and bar refiling for a longer period -- commonly 1 year, 2 years, or (rarely) permanently.
Typical triggers in Washington practice:
- Serial filings designed to stop foreclosure without any plan of reorganization.
- Failure to make plan payments repeatedly across multiple cases.
- Bad-faith filings where the petition was not accompanied by schedules or where schedules contained materially false statements.
Dismissal with prejudice orders bind the debtor under res judicata and must be vacated (via Rule 60(b)) before any refile.
Stacking the Three Bars in Washington
For a Washington filer considering a second case, all three bars must be checked together:
- Was the prior case discharged? If Chapter 7 discharged, 727(a)(8) controls (8 years Ch7 to Ch7; 1328(f) applies to Ch13 after Ch7 at 4 years). If Chapter 13 discharged, 1328(f)(2) bars another Ch13 discharge for 2 years.
- Was the prior case dismissed? Check 109(g)(1) willful-failure ground and 109(g)(2) MFRS-voluntary-dismissal ground. Check the dismissal order for any "with prejudice" language.
- Was there a sanctions order in the prior case? Some Washington judges enter injunctions against refiling under 105(a) as part of sanctions, independent of 109(g) and 349.
Run our refile-timing calculator to see your earliest allowable refile date.
Washington Chapter 20 Strategy
"Chapter 20" is the informal name for filing Chapter 7 to discharge unsecured debt, then filing Chapter 13 immediately after to restructure a mortgage, vehicle loan, or priority tax debt even though 1328(f) bars a second discharge.
In a Washington Chapter 20, the second-case Chapter 13 plan:
- Cures mortgage arrears under 1322(b)(5) over the plan term.
- Strips wholly-unsecured junior mortgages where state valuation supports it.
- Pays priority taxes and secured vehicle loans through the plan.
- Does not result in a discharge at completion -- but reorganization still proceeds.
For Washington's high-dismissal chapter 13 environment, the Chapter 20 path often works better than a single Chapter 13 when substantial unsecured debt exists.
Corporate and Small-Business Refile Constraints
Note: entity debtors (LLCs, corporations) generally cannot file pro se -- they must be represented by counsel to handle plan-level matters. This is a practical constraint on any refile strategy where the debtor is a business entity rather than an individual.
See corporate refile rules for the Sub V reorganization refile and the rules on pre-confirmation versus post-confirmation filings.