Bankruptcy Discharge Bars

Combined 727(a)(8) and 1328(f) analysis -- when you cannot file again

About This Site

Federal law imposes strict time bars on how often you can receive a bankruptcy discharge. Section 727(a)(8) prevents a Chapter 7 discharge if you received a prior Chapter 7 discharge within 8 years. Section 1328(f) prevents a Chapter 13 discharge if you received a prior discharge within specified time periods -- 4 years for a prior Chapter 7, and 2 years for a prior Chapter 13.

This site will provide a unified analysis of all discharge bar provisions, including the lesser-known combinations (Chapter 7 after Chapter 13, Chapter 13 after Chapter 11, etc.) and the critical date calculations that determine eligibility. We will explain why getting these calculations wrong can mean filing an entire case that ends without a discharge.

Using data from the federal courts, we will also show how discharge bars interact with serial filing patterns, how often debtors are caught by these timing rules, and what alternatives exist when you are barred from receiving a discharge but still need bankruptcy protection.

Part of the Bankruptcy Transparency Network -- a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.

Check Your Bankruptcy Discharge Eligibility

Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.

Explore Discharge Topics

Dive deeper into how bankruptcy discharge works by chapter:

Related Resources

Chapter 7 Discharge Bar -- Eight-year bar between Chapter 7 discharges under Section 727(a)(8)

Section 1328 Discharge -- Chapter 13 discharge rules and the superdischarge

The 180-Day Filing Bar -- When you must wait before filing again under Section 109(g)

Federal Rules Committee

This research supports Suggestion 26-BK-3 to the Advisory Committee on Bankruptcy Rules

Proposing automated Section 1328(f) discharge bar screening in federal bankruptcy courts