Check Your Bankruptcy Discharge Eligibility

Free tools to find out whether a prior bankruptcy could block your Chapter 13 discharge.

What is Section 1328(f)?

When you file Chapter 13 bankruptcy, the goal is a discharge -- a court order that eliminates qualifying debts after you complete your repayment plan. But federal law contains a rule that can block that discharge if you filed bankruptcy before.

Section 1328(f) of the Bankruptcy Code says:

The filing itself is not blocked. You can still file the case and receive automatic stay protection. But at the end of your 3-to-5-year repayment plan, you will not get the debt relief you were counting on. Your debts remain enforceable.

Why this matters to you

If 1328(f) applies to your case, you may be paying attorney fees, filing fees, and monthly plan payments for years with no discharge at the end. The screener tools on this site let you check whether the bar applies -- for free, in seconds.

Check your eligibility now

Enter two dates and get an instant answer. No account required.

Open Eligibility Checker

What to do if you think you were affected

If you believe your Chapter 13 case is discharge-barred and your attorney did not inform you before filing:

  1. Document everything. Save copies of your petition (especially Question 9, which asks about prior filings), fee agreements, and any communications with your attorney about prior cases.
  2. Consult an independent attorney. A different bankruptcy attorney or a legal malpractice attorney can evaluate your situation. Many offer free initial consultations.
  3. Contact your state bar association. Every state has a process for filing complaints about attorney conduct. Failing to check filing history before filing a case may violate professional conduct rules.
  4. Contact Legal Aid. If you cannot afford an independent attorney, your local Legal Aid office may be able to help. Find yours at lsc.gov.
Important

This site provides information and screening tools, not legal advice. Every situation is different. The eligibility checker and screener identify potential bars based on publicly available data. Consult a licensed attorney for advice about your specific case.

Free tools for debtors

Eligibility Checker

Enter two dates, get an instant answer. No account needed.

1328(f) Explainer

Plain-English walkthrough of the discharge bar and how it works.

Bankruptcy Glossary

50+ bankruptcy terms explained in plain English.

Can I File Again?

All waiting periods for repeat filings in one place.

Waiting Periods

Complete table of time limits between filings by chapter.

Super Discharge

Why Chapter 13 discharge is broader than Chapter 7.

Legal references