How 11 U.S.C. § 1328(f) applies in New York — federal bankruptcy law, New York district data.
Under §1328(f), you cannot receive a Chapter 13 discharge if: (1) you received a Chapter 7, 11, or 12 discharge within 4 years, OR (2) you received a Chapter 13 discharge within 2 years. Case filed within the bar period can still proceed — but discharge will be denied.
Districts covered: N.D.N.Y., E.D.N.Y., S.D.N.Y., W.D.N.Y..
The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a New York-specific answer, check the screener or consult a local attorney.
Check §1328(f) Refiling Bar against your case →