Side-by-side comparison of Sections 1328(f), 727(a)(8), 727(a)(9), and 109(g) — the four statutes that limit repeat bankruptcy filings and discharges.
| Feature | §1328(f) | §727(a)(8) | §727(a)(9) | §109(g) |
|---|---|---|---|---|
| Applies to | Ch.13 discharge | Ch.7 discharge | Ch.7 discharge | Filing itself |
| Bar period | 4 years (from prior Ch.7/11/12 discharge) or 2 years (from prior Ch.13 discharge) | 8 years from prior Ch.7 or Ch.11 discharge | 6 years from prior Ch.12 or Ch.13 discharge | 180 days from prior dismissal |
| Measured from | Filing date to filing date | Filing date to filing date | Filing date to filing date | Dismissal date to new filing date |
| What it blocks | Discharge only — you can still file and receive automatic stay protection | Discharge only — you can still file and receive automatic stay protection | Discharge only (unless you paid 100% of unsecured claims, or 70%+ in good faith) | The filing itself — the court may refuse to accept the petition |
| Key case | In re Blendheim, 803 F.3d 477 (9th Cir. 2015) | In re Filice, 590 B.R. 645 (Bankr. E.D. Cal. 2018) | Same framework as §727(a)(8) | Statutory; verified at filing by court clerks |
| Enforcement | Objection-dependent — a party must raise it or the court must catch it | Objection-dependent — a party must raise it or the court must catch it | Objection-dependent — a party must raise it or the court must catch it | Court verification at filing |
| Proposed reform | Suggestion 25-BK-N would amend Rule 4004 to require courts to independently verify discharge eligibility, reducing reliance on objections | N/A (already verified at filing) | ||
| Can be screened? | Yes — 1328f.com checker | Yes — same methodology | Yes — same methodology | Yes — docket review |
Sections 1328(f), 727(a)(8), and 727(a)(9) bar discharge, not filing. A debtor can still file a new case and receive automatic stay protection even if discharge is barred. Section 109(g) is different — it bars the filing itself.
Section 1328(f) prevents a Chapter 13 debtor from receiving a discharge if they received a discharge in a prior case within a specified period. If the prior discharge was under Chapter 7, 11, or 12, the bar period is 4 years. If the prior discharge was under Chapter 13, the bar period is 2 years. Both periods are measured from the filing date of the prior case to the filing date of the new case — not from discharge or case closing.
This statute was added by BAPCPA in 2005 and is one of the most commonly missed eligibility checks in consumer bankruptcy. Because enforcement is objection-dependent, cases can proceed through confirmation, plan payments, and even completion before anyone realizes discharge was never available. The debtor completes a 3-to-5-year plan and receives nothing.
The Ninth Circuit's decision in In re Blendheim (2015) established that the filing-date-to-filing-date measurement applies even when the prior case had unusual procedural history. This is the leading circuit-level authority on the statute's temporal computation.
Section 727(a)(8) bars a Chapter 7 discharge if the debtor received a discharge in a prior Chapter 7 or Chapter 11 case filed within 8 years of the new filing. This is the longest discharge bar in the Bankruptcy Code and the one most people refer to when they say "you can only file bankruptcy every 8 years" — although that common understanding is incomplete, because it applies only to the Chapter 7-to-Chapter 7 path.
Like Section 1328(f), the 8-year period is measured from filing date to filing date. And like 1328(f), enforcement depends on someone raising the issue. The court does not automatically verify discharge eligibility in a Chapter 7 case. If no party objects and the court does not independently investigate, a debtor who is barred under 727(a)(8) can receive a discharge that should never have been granted.
In re Filice (Bankr. E.D. Cal. 2018) addressed the intersection of the 8-year period with case conversions and the computation of the filing date when a case changes chapters during its life.
Section 727(a)(9) bars a Chapter 7 discharge if the debtor received a discharge in a prior Chapter 12 or Chapter 13 case filed within 6 years — unless the debtor paid 100% of allowed unsecured claims in the prior case, or paid at least 70% of such claims and the plan was proposed in good faith with best-effort payments.
This exception makes 727(a)(9) unique among the discharge bars. A debtor who completed a Chapter 13 plan paying 70% or more to unsecured creditors in good faith can file a Chapter 7 case within the 6-year window and still receive a discharge. The good-faith and best-effort requirements are determined by the court on a case-by-case basis.
The enforcement gap is the same: no automatic court verification. If a debtor files Chapter 7 within 6 years of a Chapter 13 filing and no one objects, the discharge may be granted even when the statute bars it. The same screening methodology that detects 1328(f) violations can identify potential 727(a)(9) violations by cross-referencing filing dates across chapters.
Section 109(g) is fundamentally different from the discharge bars above. It does not merely prevent discharge — it prevents filing entirely. A debtor may not be a debtor under any chapter if a prior case was dismissed within the preceding 180 days under either of two conditions: (1) the debtor willfully failed to abide by court orders or to appear before the court, or (2) the debtor voluntarily dismissed the case after a creditor requested relief from the automatic stay.
Because 109(g) is a filing eligibility bar, courts are more likely to catch it at the intake stage. However, enforcement still varies by district. Some courts run automated checks against the debtor's filing history; others rely on creditor objections or the U.S. Trustee. The 180-day period is measured from the date of dismissal (not filing date) of the prior case to the filing date of the new case.
Section 109(g) often intersects with the serial-filing problem. Debtors who file repeatedly to invoke the automatic stay and then dismiss may trigger 109(g) — or may face limitations on the stay under Section 362(c)(3) (stay limited to 30 days) or Section 362(c)(4) (no automatic stay at all) in subsequent cases filed within one year of a prior dismissal.
Filing Chapter 13 now? Check §1328(f). Prior Ch.7/11/12 discharge within 4 years or prior Ch.13 discharge within 2 years bars your discharge.
Filing Chapter 7 now? Check §727(a)(8) (prior Ch.7/11 within 8 years) and §727(a)(9) (prior Ch.12/13 within 6 years).
Prior case dismissed? Check §109(g) if the dismissal was within 180 days and involved court-order noncompliance or post-stay-relief voluntary dismissal.
All measurements use filing dates except §109(g), which measures from dismissal date. → Run the eligibility checker
Sections 1328(f), 727(a)(8), and 727(a)(9) share a critical structural problem: enforcement depends on someone raising the issue. Courts do not automatically verify discharge eligibility. If no creditor, trustee, or U.S. Trustee objects, a debtor who is statutorily barred from discharge can complete an entire bankruptcy case — years of plan payments in Chapter 13 — and receive a discharge that should never have been entered.
This is not a theoretical concern. Research using PACER data has identified hundreds of cases where debtors were potentially barred from discharge under these statutes, including cases where discharge was granted despite an apparent bar. The 1328f.com screener was built to make this verification accessible to anyone with PACER data.
Suggestion 25-BK-N, currently before the Advisory Committee on Bankruptcy Rules, proposes amending Federal Rule of Bankruptcy Procedure 4004 to require courts to independently verify discharge eligibility. If adopted, this would close the enforcement gap for all three discharge bar statutes.