What are the waiting periods between bankruptcy filings?

There are four waiting periods set by federal law: Chapter 7 to Chapter 7 requires 8 years (Section 727(a)(8)). Chapter 13 to Chapter 7 requires 6 years (Section 727(a)(9)). Chapter 7, 11, or 12 to Chapter 13 requires 4 years (Section 1328(f)(1)). Chapter 13 to Chapter 13 requires 2 years (Section 1328(f)(2)). All periods are measured from filing date to filing date.

Are bankruptcy waiting periods measured from filing date or discharge date?

All four waiting periods are measured from filing date to filing date. The date your prior discharge was entered does not matter for calculating whether you are eligible to receive a discharge in a new case. This is a common misconception -- many people and even some attorneys mistakenly count from the discharge date.

What is the difference between a discharge bar and a filing bar?

A discharge bar (Sections 727(a)(8), 727(a)(9), 1328(f)(1), 1328(f)(2)) allows you to file a new case but prevents the court from granting a discharge at the end. A filing bar (Section 109(g)) prevents you from filing at all for 180 days after certain types of dismissals. The discharge bar is longer (2-8 years) but less restrictive -- you can still file and receive the automatic stay.

Bankruptcy Refiling Waiting Periods: Complete Guide

Four federal statutes control how long you must wait between bankruptcy filings to receive a discharge. Here is every rule in one place.

Check your waiting period automatically
Enter your prior filing date and chapter -- the screener tells you exactly when you become eligible.
Run the Free Eligibility Checker

The Complete Waiting Period Table

All four discharge bars in federal bankruptcy law:

Prior Case	New Case	Wait	Statute	Measured From
Chapter 7 or 11	Chapter 7	8 years	§727(a)(8)	Filing to filing
Chapter 12 or 13	Chapter 7	6 years	§727(a)(9)	Filing to filing
Chapter 7, 11, or 12	Chapter 13	4 years	§1328(f)(1)	Filing to filing
Chapter 13	Chapter 13	2 years	§1328(f)(2)	Filing to filing

Common Misconception

All four waiting periods are measured from filing date to filing date, not from the date the prior discharge was entered. Because a Chapter 7 discharge typically comes 3-4 months after filing and a Chapter 13 discharge comes 3-5 years after filing, using the discharge date instead of the filing date can lead to significant errors.

Statute 1: Section 727(a)(8) -- Chapter 7 to Chapter 7

This is the longest waiting period. If you received a discharge in a Chapter 7 or Chapter 11 case, you must wait 8 years from the filing date of that prior case before you can receive another Chapter 7 discharge.

11 U.S.C. §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 eight years before the date of the filing of the petition.

This is the rule most people think of when they hear "you can only file bankruptcy every 8 years." But the 8-year rule only applies to the Chapter 7 to Chapter 7 combination. Other combinations have shorter waiting periods.

Statute 2: Section 727(a)(9) -- Chapter 13 to Chapter 7

If you received a discharge in a Chapter 12 or Chapter 13 case, you must wait 6 years from the filing date of that prior case before you can receive a Chapter 7 discharge.

There is one exception: the 6-year bar does not apply if you paid unsecured creditors in full in your Chapter 13 plan, or if you paid at least 70% of allowed unsecured claims and your plan was proposed in good faith with your best effort.

Statute 3: Section 1328(f)(1) -- Chapter 7/11/12 to Chapter 13

If you received a discharge in a case filed under Chapter 7, 11, or 12, you must wait 4 years from that filing date before you can receive a Chapter 13 discharge. This is the most commonly triggered discharge bar for people who filed Chapter 7 and later need to file Chapter 13 for mortgage or vehicle protection.

See our detailed guide: How Long After Chapter 7 Can I File Chapter 13?

Statute 4: Section 1328(f)(2) -- Chapter 13 to Chapter 13

If you received a discharge in a prior Chapter 13 case, you must wait 2 years from that filing date before you can receive a discharge in a new Chapter 13 case. This is the shortest waiting period in bankruptcy law.

Filing Bar vs. Discharge Bar

The four statutes above are discharge bars -- they prevent the court from granting a discharge but do not prevent you from filing a new case. A separate rule, Section 109(g), creates a filing bar that prevents you from filing at all for 180 days after certain types of dismissals.

Type	Effect	Duration	Statute
Discharge bar	Can file, cannot receive discharge	2-8 years	§727(a)(8)-(9), §1328(f)
Filing bar	Cannot file at all	180 days	§109(g)

The BAPCPA Connection

The two Section 1328(f) discharge bars were added by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005. Before BAPCPA, there was no discharge bar for Chapter 13 cases -- debtors could file back-to-back Chapter 13 cases and receive a discharge each time. The 727(a)(8) and 727(a)(9) bars existed before BAPCPA.

The Enforcement Gap

Federal bankruptcy courts do not automatically verify discharge eligibility when a case is filed. Attorneys are supposed to check, and Question 9 on the bankruptcy petition asks about prior filings. But screening of 4.9 million federal bankruptcy cases found that hundreds of thousands of repeat filers received a discharge with zero eligibility verification -- no objection from the trustee, no inquiry from the court, and no check by counsel.

Our free screener was built to close that gap. It checks federal court records and calculates the applicable waiting period automatically.

Not sure which rule applies to you?
The eligibility checker handles all four statutes. Enter your prior filing information and it does the math.
Check Your Eligibility -- Free

Related Guides

Can I File Bankruptcy Again? -- overview of refiling rules
How Long After Chapter 7 Can I File Chapter 13? -- the 4-year rule in detail
Filing a Second Bankruptcy -- automatic stay limits and repeat filer consequences
What Is a Discharge Bar? -- how discharge bars work
Section 1328(f) Explained -- the Chapter 13 discharge bar in depth
Section 727(a)(8) Explained -- the Chapter 7 discharge bar
Can You File Bankruptcy Twice?