A plain-English guide to the federal statute that prevents repeat bankruptcy filers from receiving a Chapter 13 discharge.
Section 1328(f) is part of the United States Bankruptcy Code. It creates a hard time limit on how soon a person can receive a Chapter 13 discharge after getting a prior bankruptcy discharge.
In plain terms: if you already completed a bankruptcy and received a discharge, the law says you have to wait a certain number of years before you can get another discharge in a Chapter 13 case. If you file too soon, you can go through the entire Chapter 13 process -- make payments for years -- and the court still cannot grant you a discharge at the end.
(f)(1) — The court shall not grant a discharge if the debtor has received a discharge in a case filed under Chapter 7, 11, or 12 during the 4-year period preceding the date of the order for relief under this chapter.
(f)(2) — The court shall not grant a discharge if the debtor has received a discharge in a case filed under Chapter 13 during the 2-year period preceding the date of the order for relief under this chapter.
This provision was added by BAPCPA (the Bankruptcy Abuse Prevention and Consumer Protection Act) in 2005 and applies to all Chapter 13 cases filed on or after October 17, 2005.
The clock runs from filing date to filing date, not from discharge date to filing date. This is an important distinction established by the Ninth Circuit in In re Blendheim, 803 F.3d 477 (9th Cir. 2015).
| Prior case chapter | Waiting period | Measured from |
|---|---|---|
| Chapter 7 | 4 years | Prior filing date to new filing date |
| Chapter 11 | 4 years | Prior filing date to new filing date |
| Chapter 12 | 4 years | Prior filing date to new filing date |
| Chapter 13 | 2 years | Prior filing date to new filing date |
The statute says "the 4-year period preceding the date of the order for relief." In a voluntary bankruptcy, the order for relief is entered on the date the petition is filed. So the calculation is:
Jane files Chapter 7 on January 1, 2018 and receives a discharge. She files Chapter 13 on March 15, 2023. The gap between filing dates is 5 years, 2 months. The 4-year bar does not apply. Jane can receive a Chapter 13 discharge.
John files Chapter 7 on June 1, 2021 and receives a discharge. His attorney files a new Chapter 13 on April 15, 2024. The gap between filing dates is 2 years, 10 months. This is within the 4-year bar. John cannot receive a Chapter 13 discharge. He can go through the entire repayment plan, make every payment, and the court still cannot discharge his debts.
Maria files Chapter 13 on March 1, 2022 and receives a discharge. Her attorney files a new Chapter 13 on November 1, 2023. The gap between filing dates is 1 year, 8 months. This is within the 2-year bar. Maria cannot receive a Chapter 13 discharge.
The official Chapter 13 petition form (Official Form 101) asks at Question 9:
"Within the last 8 years, have you filed a case under any chapter of the Bankruptcy Code?"
If the answer is yes, the debtor must list the prior case number, district, date filed, and chapter. This is where the court and the U.S. Trustee are supposed to catch 1328(f) bars.
When this system works, the clerk or trustee checks the dates and raises the issue before the case proceeds. When it fails, the debtor goes through the full Chapter 13 process without anyone flagging the bar.
Question 9 relies on accurate disclosure and manual review. If the debtor answers "No" (either because the attorney didn't ask or didn't check), and no one in the system catches it, the case proceeds as if the bar doesn't exist. Our screening of 56,563 Chapter 13 cases across multiple districts found 264 cases where the 1328(f) window was violated. Of those, 114 received a discharge despite the statutory bar.
The bar prevents discharge, not filing. A debtor can still file a Chapter 13 case even if 1328(f) applies. The case will proceed normally -- the automatic stay will go into effect, the debtor will make plan payments, and creditors will receive distributions. But at the end of the plan, the court cannot enter a discharge order.
This means:
Based on screening data, the most common patterns are:
If you believe you may be in a Chapter 13 case that is barred by Section 1328(f):
We don't know yet. That's the point of this project.
Our initial screening covered 56,563 Chapter 13 cases across multiple federal districts. We found:
These are preliminary numbers from a handful of districts. There are 94 federal bankruptcy districts in the United States. The Chapter 13 system processes hundreds of thousands of cases per year.
The screener is open source. It runs on public data. Anyone can check their district.
View the national mapCan I still file bankruptcy if 1328(f) applies?
Yes. The bar prevents discharge, not filing. You can file a Chapter 13 case and receive the benefit of the automatic stay. But you will not receive a discharge at the end of the plan. You may also be able to file under a different chapter -- consult an attorney.
Does my attorney have to check for this?
Yes. An attorney has a duty to investigate the client's filing history before filing a new case. Question 9 on the petition exists specifically for this purpose. Failing to check is, at minimum, a competence issue under most state bar rules.
What if my attorney knew and filed anyway?
If your attorney knowingly filed a case that was barred by 1328(f) without informing you, that may constitute malpractice, a violation of professional conduct rules, or both. Consult an independent attorney and consider contacting your state bar.
What if I answered Question 9 incorrectly because my attorney told me to?
An attorney who instructs a client to answer Question 9 inaccurately is potentially suborning a false statement under penalty of perjury. This is a serious ethical violation. Document everything and consult an independent attorney immediately.
Is this tool legal advice?
No. This tool identifies potential statutory bar violations using publicly available data. It is not legal advice. All results require manual verification. Consult a licensed attorney for advice about your specific situation.
How accurate is the screener?
The screener uses name matching on PACER data, which can produce false positives (different people with the same name). Every hit requires manual verification by pulling the actual petition and checking Question 9. Our hand-verification rate on confirmed hits is high, but the tool is a starting point, not a final determination.
Can I check my own case?
Yes. You need a PACER account (free to create, searches are free, document pulls are $0.10/page capped at $3). Download CSV exports for the attorneys or districts you want to check, and run the screener locally on your own computer. The tool makes no network calls.