§727(a)(8) 8-Year Chapter 7 Refiling Bar in South Dakota

How 11 U.S.C. § 727(a)(8) applies in South Dakota — federal bankruptcy law, South Dakota district data.

What §727(a)(8) 8-Year Chapter 7 Refiling Bar Does

You cannot receive a second Chapter 7 discharge within 8 years of a prior Chapter 7 discharge. The clock runs from filing-date to filing-date, not discharge-to-discharge. Filing within 8 years is not prohibited — the case will proceed, but discharge will be denied.

Key points:

South Dakota Bankruptcy Data (FJC)

2,306
Total filings
38.4%
Dismiss rate
542
Prior filers
46.0%
Prior discharge rate

Districts covered: D.S.D..

Apply This to Your Case

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 South Dakota-specific answer, check the screener or consult a local attorney.

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Related South Dakota Statutes

§727(a)(8) 8-Year Chapter 7 Refiling Bar in Other States