Bankruptcy Waiting Periods - Complete Chart

Discharge Bars - Master Chart

Prior Case	New Case	Waiting Period	Statute
Chapter 7	Chapter 7	8 years	727(a)(8)
Chapter 7	Chapter 13	4 years	1328(f)(1)
Chapter 13	Chapter 7	6 years*	727(a)(9)
Chapter 13	Chapter 13	2 years	1328(f)(2)
Chapter 12	Chapter 7	6 years*	727(a)(9)
Chapter 11	Chapter 7	None (disputed)	727(a)(8) - "under this chapter"

* The 6-year bar does not apply if the prior Ch.13 paid unsecured creditors 100%, or paid at least 70% and the plan was proposed in good faith with best effort.

Filing Bars

Section 109(g) - 180-Day Bar

You cannot file at all for 180 days if:

• Your prior case was dismissed for willful failure to abide by orders of the court or to appear before the court
• You voluntarily dismissed your prior case after a creditor filed a motion for relief from stay

The 109(g) bar prevents filing, not just discharge. You cannot even get the automatic stay during the 180-day period.

Full guide: 109g.org

Automatic Stay Limits for Repeat Filers

Section 362(c)(3) - One Prior Dismissal in Past Year

If you had one case pending and dismissed within the past year, the automatic stay in your new case automatically terminates after 30 days unless the court extends it.

To extend: file a motion before the 30 days expire. You must show the new filing is in good faith.

Section 362(c)(4) - Two+ Prior Dismissals in Past Year

If you had two or more cases pending and dismissed within the past year, no automatic stay takes effect at all unless the court orders it.

To get the stay: file an emergency motion. You must show changed circumstances and good faith.

Check Your Dates

Use these free tools to calculate your earliest eligible filing and discharge dates:

• 1328f.com discharge screener - Checks all Section 1328(f) and 727(a)(8)/(9) bars
• 109g.org calculator - 180-day filing bar calculator
• 727a8.com - 8-year Chapter 7 discharge bar

See also: Dismissed vs. discharged - what it means for refiling