How long do you have to wait to file Chapter 7 again?

You must wait 8 years between Chapter 7 discharges. Under Section 727(a)(8), the court will deny a Chapter 7 discharge if the debtor received a discharge in a prior Chapter 7 or Chapter 11 case filed within 8 years before the current case was filed. The 8-year clock runs from filing date to filing date, not from discharge date. You can file a new Chapter 7 case before the 8 years are up, but you will not receive a discharge.

What is Section 727(a)(8)?

Section 727(a)(8) of the Bankruptcy Code bars a Chapter 7 discharge if the debtor received a discharge in a prior case filed under Chapter 7 or Chapter 11 within the 8 years before the current case was filed. It is the longest discharge bar in the Bankruptcy Code. The provision does not prevent filing — it prevents the court from granting a discharge, meaning debts survive the case.

Can I file Chapter 7 after Chapter 13?

Yes, but a waiting period applies. Under Section 727(a)(9), you must wait 6 years from the filing date of the prior Chapter 13 case before filing a Chapter 7 that will result in a discharge. However, there are two exceptions: the 6-year bar does not apply if (1) the prior Chapter 13 plan paid unsecured creditors 100% of their allowed claims, or (2) the plan paid at least 70% of unsecured claims and was proposed in good faith and represented the debtor's best effort.

What is the difference between 727(a)(8) and 727(a)(9)?

Section 727(a)(8) applies when the prior discharge was in a Chapter 7 or Chapter 11 case, and imposes an 8-year bar. Section 727(a)(9) applies when the prior discharge was in a Chapter 12 or Chapter 13 case, and imposes a 6-year bar with two exceptions for substantial repayment plans. Both sections bar a Chapter 7 discharge in the new case. Neither section prevents filing — they only prevent discharge.

Does the 8 year rule run from filing date or discharge date?

The 8-year period under Section 727(a)(8) runs from filing date to filing date. Specifically, the court looks at when the prior case was filed and when the current case was filed. The date the prior discharge was actually entered does not matter for the calculation. This is a common point of confusion — many people assume the clock starts when the discharge was granted, but it starts when the prior case was filed.

Section 727(a)(8) & 727(a)(9): Chapter 7 Discharge Time Bars

If you previously received a bankruptcy discharge, federal law may prevent you from receiving another one in a Chapter 7 case. Section 727(a)(8) imposes an 8-year bar after a prior Chapter 7 or 11 discharge. Section 727(a)(9) imposes a 6-year bar after a prior Chapter 12 or 13 discharge, with exceptions for substantial repayment. These are the longest discharge bars in the Bankruptcy Code.

What Sections 727(a)(8) and 727(a)(9) do

Both provisions are discharge bars, not filing bars. They do not prevent you from filing a new Chapter 7 case. You can file, you will receive an automatic stay, and a trustee will administer your case. But the court will deny your discharge at the end -- meaning your debts survive the bankruptcy.

Filing a Chapter 7 case when you are ineligible for discharge is usually a waste of time and money. Your non-exempt assets can still be liquidated by the trustee to pay creditors, but you get no fresh start in return.

11 U.S.C. Section 727(a)(8)

The court shall grant the debtor a discharge, unless ... the debtor has been granted a discharge under this section [Chapter 7], or under section 1141 [Chapter 11] of this title, in a case commenced within 8 years before the date of the filing of the petition.

11 U.S.C. Section 727(a)(9)

The court shall grant the debtor a discharge, unless ... the debtor has been granted a discharge under section 1228 [Chapter 12] or 1328 [Chapter 13] of this title ... in a case commenced within 6 years before the date of the filing of the petition, unless payments under the plan in such case totaled not less than -- (A) 100 percent of the allowed unsecured claims in such case; or (B)(i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort.

The time bars at a glance

Prior discharge under	New case under	Waiting period	Statute
Chapter 7	Chapter 7	8 years	727(a)(8)
Chapter 11	Chapter 7	8 years	727(a)(8)
Chapter 13	Chapter 7	6 years*	727(a)(9)
Chapter 12	Chapter 7	6 years*	727(a)(9)
Chapter 7	Chapter 13	4 years	1328(f)(1)
Chapter 13	Chapter 13	2 years	1328(f)(2)

* The 6-year bar under 727(a)(9) has two exceptions -- see below.

How to calculate the 8-year period

The 8-year clock under Section 727(a)(8) runs from filing date to filing date. This is a critical distinction that trips up many people, including some attorneys:

The clock starts on the date the prior case was filed (not the date the discharge was entered)
The clock ends on the date the new case is filed (not the date you consult an attorney or decide to refile)

Example

Prior Chapter 7 filed: March 15, 2018
Prior discharge entered: June 20, 2018
Earliest new Chapter 7 filing for discharge: March 15, 2026

The discharge date (June 2018) is irrelevant. The 8-year clock starts from the filing date (March 2018). Filing on March 14, 2026 would result in denial of discharge. Filing on March 15, 2026 or later is eligible.

Common mistake

Some debtors and attorneys count 8 years from the discharge date instead of the filing date. This error can add 3 to 6 months to the waiting period unnecessarily. In the example above, counting from the discharge date would mean waiting until June 2026 -- three months longer than required. Always count from filing date to filing date.

The 727(a)(9) exceptions

The 6-year bar after a Chapter 13 or Chapter 12 discharge has two exceptions. If either is met, the bar does not apply and you can receive a Chapter 7 discharge without waiting 6 years:

Exception 1: 100% plan

If the prior Chapter 13 plan paid 100% of all allowed unsecured claims, the 6-year bar does not apply. This is straightforward -- if every unsecured creditor who filed an allowed claim was paid in full through the plan, you are free to file Chapter 7 immediately after the Chapter 13 discharge.

Exception 2: 70% plan with good faith and best effort

If the prior Chapter 13 plan paid at least 70% of allowed unsecured claims, AND the plan was proposed in good faith, AND the plan represented the debtor's best effort, the 6-year bar does not apply.

This exception requires satisfying all three conditions. Courts examine whether:

The debtor committed all projected disposable income to the plan
The plan was not structured to minimize payments while preserving assets
The debtor did not hide income or assets during the Chapter 13 case
The debtor made genuine efforts to maximize payments to creditors

Practical impact

Most Chapter 13 plans pay far less than 70% to unsecured creditors. Nationally, the median Chapter 13 plan pays unsecured creditors between 0% and 10%. This means the 727(a)(9) exceptions rarely apply in practice. Most debtors coming out of a Chapter 13 discharge will need to wait 6 years before receiving a Chapter 7 discharge.

What 727(a)(8) does NOT do

Several common misconceptions about the 8-year rule:

It does not bar filing. You can file a Chapter 7 case at any time. The statute only bars discharge. (Compare with Section 109(g), which bars filing entirely.)
It does not bar Chapter 13. Section 727(a)(8) applies only to Chapter 7 discharges. If you received a Chapter 7 discharge and want to file again within 8 years, you can file a Chapter 13 and potentially receive a discharge after 4 years (under Section 1328(f)(1)).
It does not apply to dismissed cases. If your prior Chapter 7 case was dismissed (not discharged), Section 727(a)(8) does not apply. The bar requires a prior discharge. A dismissed case produces no discharge.
It does not apply to denied discharges. If your prior Chapter 7 discharge was denied (for fraud, concealment, or other reasons under 727(a)(2)-(7)), no discharge was "granted" and the 8-year bar does not apply to a subsequent case.
It does not affect the automatic stay. Even if you file a Chapter 7 case that is subject to the 727(a)(8) bar, you receive the full automatic stay (unless reduced by Sections 362(c)(3) or 362(c)(4) for serial filings).

Chapter 20: The strategic sequence

A "Chapter 20" is not a chapter of the Bankruptcy Code -- it is an informal term for filing a Chapter 7 case followed by a Chapter 13 case (7 + 13 = 20). This sequence is sometimes used strategically because:

The Chapter 7 case discharges unsecured debt (credit cards, medical bills, personal loans)
The Chapter 13 case (filed after the Chapter 7 discharge) addresses secured debt arrearages (mortgage, car loan) through a repayment plan
Under Section 1328(f)(1), a Chapter 13 discharge is barred for 4 years after a Chapter 7 filing -- but the debtor may not need a Chapter 13 discharge if the goal is simply to cure arrearages through the plan

Limitation

If you file Chapter 13 within 4 years of a Chapter 7 filing, you cannot receive a Chapter 13 discharge. Your Chapter 13 plan payments will be distributed to creditors, but any debts remaining at the end of the plan will not be discharged. This matters if your Chapter 13 plan pays less than 100% of claims. Courts are split on whether a no-discharge Chapter 13 plan can still strip junior liens or modify secured claims.

All discharge bars compared

Prior case	New Chapter 7	New Chapter 13	New Chapter 11	New Chapter 12
Ch. 7 discharge	8 years (727(a)(8))	4 years (1328(f)(1))	No bar	No bar
Ch. 11 discharge	8 years (727(a)(8))	4 years (1328(f)(1))	No bar	No bar
Ch. 13 discharge	6 years* (727(a)(9))	2 years (1328(f)(2))	No bar	No bar
Ch. 12 discharge	6 years* (727(a)(9))	No bar	No bar	No bar
Dismissed (any ch.)	No bar	No bar	No bar	No bar

* Exceptions for 100% plans or 70%+ good-faith best-effort plans. All periods measured filing date to filing date.

Key insight

There is no discharge bar for filing Chapter 11 or Chapter 12 after any prior discharge. The time bars under 727(a)(8)/(9) and 1328(f) apply only to Chapter 7 and Chapter 13 discharges respectively. A debtor who received a Chapter 7 discharge last year could file a Chapter 11 case tomorrow and be eligible for discharge.

Who can raise the objection?

A discharge objection under Section 727(a)(8) or (a)(9) is not self-executing. Someone must raise it:

The U.S. Trustee -- Has a statutory duty to review cases for discharge eligibility and routinely objects when the time bar applies
The Chapter 7 Trustee -- May object as part of case administration
Any creditor -- Can file a complaint objecting to discharge under Section 727(a)
The court -- Some courts raise the issue sua sponte (on their own), particularly when PACER records make the prior discharge obvious

The objection must be filed before the deadline set by Bankruptcy Rule 4004(a) -- generally 60 days after the first date set for the Section 341 meeting of creditors. If no one objects within the deadline, the discharge may be entered even if the debtor was technically ineligible. However, a discharge entered in violation of 727(a)(8) can potentially be revoked under Section 727(d).

Practical reality

The U.S. Trustee's office catches most 727(a)(8) violations through automated case screening. But the system is not perfect. Our national screener has identified cases where debtors received discharges despite apparent 727(a)(8) bars -- suggesting that objection deadlines passed without action. These cases raise questions about whether the existing screening process has gaps.

If you are inside the waiting period

If 8 years have not passed since your prior Chapter 7 filing, you have several options:

Wait. If you are close to the 8-year mark, waiting may be the simplest path. Calculate your exact eligibility date (8 years from the prior filing date) and file on or after that date.
File Chapter 13 instead. The 727(a)(8) bar applies only to Chapter 7 discharges. You may be eligible for a Chapter 13 discharge after a shorter waiting period (4 years from a prior Chapter 7 filing under Section 1328(f)(1), or 2 years from a prior Chapter 13 filing under Section 1328(f)(2)).
File Chapter 7 without discharge. In rare situations, a debtor may benefit from a Chapter 7 filing even without a discharge -- for example, if the goal is to trigger the automatic stay for a specific purpose. This is unusual and requires careful analysis.
Do nothing. If your debts are manageable or you have other options (negotiation, state exemptions, judgment-proof status), bankruptcy may not be necessary.

Check whether a prior case affects your eligibility for discharge.

Use the Eligibility Checker

Related resources

Section 1328(f) Explained -- The Chapter 13 discharge time bars
Section 109(g) Filing Bar -- The 180-day bar that blocks filing entirely
Discharge Bar Overview -- All BAPCPA discharge waiting periods
Can I File Bankruptcy Again? -- Time limits and eligibility for repeat filings
How Long Between Bankruptcies? -- All waiting periods in one table
Compare All Bars -- Side-by-side comparison of every filing and discharge bar
Dismissed vs. Discharged -- What each outcome means for your next case

Legal references

11 U.S.C. Section 727 -- Discharge (Chapter 7)
11 U.S.C. Section 1328 -- Discharge (Chapter 13)
11 U.S.C. Section 109 -- Who may be a debtor
11 U.S.C. Section 362 -- Automatic stay
Fed. R. Bankr. P. 4004 -- Grant or denial of discharge
Bankruptcy Basics -- U.S. Courts

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