The Complete Waiting Period Matrix
There are four possible combinations when filing a second bankruptcy. Each has a different waiting period, measured from filing date to filing date:
| Previous Filing ↓ New Filing → | Chapter 7 | Chapter 13 |
|---|---|---|
| Chapter 7 | 8 years | 4 years |
| Chapter 13 | 6 years* | 2 years |
*The 6-year Chapter 13-to-Chapter 7 bar does not apply if the prior Chapter 13 plan paid 100% of unsecured claims, or 70% under a good-faith, best-effort plan.
Key point: filing date to filing date. Every waiting period is measured from the date you filed your previous bankruptcy petition to the date you file the new one. Not from the discharge date. Not from when the case was closed. The filing date appears on the first page of your bankruptcy petition and on the court's electronic docket.
Each Waiting Period Explained
Chapter 7 to Chapter 7: 8 Years
This is the longest waiting period. If you received a Chapter 7 discharge, you must wait 8 full years from the filing date of that case before you can file another Chapter 7 and receive a discharge.
This rule exists because Chapter 7 provides a complete elimination of qualifying debts with no repayment required. Congress set the longest waiting period to prevent repeated use of this powerful tool.
Statute: 11 U.S.C. § 727(a)(8) -- "The court shall grant the debtor a discharge, unless... the debtor has been granted a discharge under this section... in a case commenced within 8 years before the date of the filing of the petition."
Chapter 7 to Chapter 13: 4 Years
If you received a Chapter 7 discharge, you must wait 4 years from the Chapter 7 filing date before filing Chapter 13 and receiving a full Chapter 13 discharge.
This is half the Chapter 7-to-7 period because Chapter 13 requires repayment -- you are not getting a "free" discharge, you are earning it through 3-5 years of plan payments. The 4-year window is still significant, though, because it prevents someone from immediately wiping out discharged debts and then using Chapter 13 to restructure remaining obligations.
Statute: 11 U.S.C. § 1328(f)(1) -- The court shall not grant a discharge if "the debtor has received a discharge... in a case filed under chapter 7... during the 4-year period preceding the date of the order for relief under this chapter."
Chapter 13 to Chapter 7: 6 Years
If you received a Chapter 13 discharge, you must generally wait 6 years from the Chapter 13 filing date before filing Chapter 7 and receiving a discharge.
However, this bar has two important exceptions. The 6-year wait does not apply if:
- Your prior Chapter 13 plan paid 100% of allowed unsecured claims, OR
- Your prior plan paid at least 70% of allowed unsecured claims AND the plan was proposed in good faith AND represented your best effort
If either exception applies, there is effectively no waiting period for a Chapter 13-to-Chapter 7 filing.
Statute: 11 U.S.C. § 727(a)(9) -- "The court shall grant the debtor a discharge, unless... the debtor has been granted a discharge under section 1228 or 1328... in a case commenced within 6 years before the date of the filing of the petition, unless payments under the plan in such case totaled... [100% or 70% with good faith and best effort]."
Chapter 13 to Chapter 13: 2 Years
The shortest waiting period. If you received a Chapter 13 discharge, you must wait only 2 years from the prior Chapter 13 filing date before filing another Chapter 13 and receiving a discharge.
This short period reflects the reality that Chapter 13 filers have already demonstrated willingness to repay debts through a multi-year plan. The 2-year window makes Chapter 13-to-Chapter 13 "serial filing" relatively common -- particularly when new financial problems arise shortly after completing a prior plan.
Statute: 11 U.S.C. § 1328(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 such order."
How Periods Are Measured: Filing Date to Filing Date
This is one of the most commonly misunderstood aspects of bankruptcy waiting periods. All four periods run from the date the previous petition was filed to the date the new petition is filed.
What Counts as the "Filing Date"?
The filing date is the date the bankruptcy petition (Form 101) was received and docketed by the bankruptcy court clerk. This is typically the same day you or your attorney submits the petition electronically through CM/ECF or delivers it to the clerk's office.
The filing date appears:
- On the court's electronic docket (first entry)
- On the "Notice of Bankruptcy Case Filing" sent by the court
- On the first page of your petition, stamped by the clerk
- On PACER, in the case header
Common Timing Mistakes
People frequently miscalculate waiting periods by using the wrong date:
| Wrong Date | Why It's Wrong |
|---|---|
| Discharge date | Discharge comes weeks or months after filing. Using discharge date shortens your count incorrectly. |
| Case closing date | Cases may remain open for months after discharge (asset distribution, administrative matters). The closing date is irrelevant. |
| Date you hired an attorney | Retaining counsel is not filing. Only the petition date matters. |
| Date of credit counseling | Pre-filing credit counseling must be completed before filing but does not start the clock. |
| Petition filing date | This is the only date that matters for computing waiting periods. |
Example: You filed Chapter 7 on March 15, 2018 and received a discharge on June 20, 2018. To file Chapter 7 again, you must wait until March 15, 2026 (8 years from filing) -- NOT June 20, 2026 (8 years from discharge). Filing even one day early could result in denial of your discharge.
The Statutes: 727(a)(8), 727(a)(9), and 1328(f)
Three statutes control all four waiting periods. Understanding which statute applies to your situation is critical.
11 U.S.C. § 727(a)(8) -- The Chapter 7 Discharge Bar
Section 727(a)(8) bars a Chapter 7 discharge if the debtor previously received a discharge under Chapter 7 in a case filed within 8 years before the current filing. This is the straightforward "8-year rule" for repeat Chapter 7 filings.
This section also applies to prior Chapter 11 discharges (rare for individuals but possible). The 8-year bar runs from any prior Chapter 7 or 11 discharge.
11 U.S.C. § 727(a)(9) -- The Chapter 13-to-7 Bar
Section 727(a)(9) bars a Chapter 7 discharge if the debtor previously received a Chapter 13 (or 12) discharge in a case filed within 6 years, unless the 100%/70% payment exceptions apply. This is the "6-year rule" with its important carve-outs.
11 U.S.C. § 1328(f) -- The Chapter 13 Discharge Bars
Section 1328(f) contains both Chapter 13 waiting periods in a single subsection:
- 1328(f)(1): No Chapter 13 discharge if the debtor received a Chapter 7, 11, or 12 discharge in a case filed within 4 years.
- 1328(f)(2): No Chapter 13 discharge if the debtor received a Chapter 13 discharge in a case filed within 2 years.
Section 1328(f) is the most frequently litigated of the waiting period statutes because it interacts with the high volume of Chapter 13 filings and the significant number of prior-filer debtors in the bankruptcy system. Research shows that approximately 27% of new Chapter 13 filers have a prior bankruptcy filing.
What Happens If You File Too Early?
You can technically file a new bankruptcy petition at any time. The court will accept the filing, assign a case number, and the automatic stay will go into effect. But filing before the waiting period expires has serious consequences:
No Discharge
The most critical consequence: you will not receive a discharge. The purpose of bankruptcy is to eliminate debts. Without a discharge, your debts survive. You go through the entire process -- trustee meetings, creditor claims, plan payments (in Chapter 13) -- and emerge on the other side still owing everything.
Attorney Fees Still Owed
Your attorney's fees are still owed whether or not you receive a discharge. In Chapter 13, attorney fees are typically paid through the plan. If the case proceeds but no discharge is granted, you may have paid thousands in legal fees for nothing.
Limited Automatic Stay
Under 11 U.S.C. § 362(c)(3) and (4), if you had a case dismissed within the past year, the automatic stay in your new case is limited:
- One prior dismissal in the past year: The automatic stay terminates after 30 days unless the court extends it on motion
- Two or more prior dismissals in the past year: The automatic stay does not go into effect at all unless the court imposes it on motion
This means serial filing for the sole purpose of getting the automatic stay is increasingly ineffective.
Strategic Filing Without Discharge
There are rare situations where filing before the waiting period expires makes strategic sense -- primarily for the automatic stay protection. For example, if foreclosure is imminent and a short delay would allow a modification, filing Chapter 13 even without discharge eligibility can buy time. But this is a sophisticated strategy that requires careful legal analysis.
What If Your Previous Case Was Dismissed?
Dismissal is different from discharge. If your prior case was dismissed (thrown out by the court or voluntarily withdrawn), you never received a discharge, and the waiting periods generally do not apply.
However, a prior dismissal creates other complications:
- Automatic stay limits: As described above, a dismissal within the past year limits or eliminates the automatic stay in your new case
- Judicial scrutiny: Repeated filings and dismissals may lead the court to find the new filing was made in bad faith, resulting in dismissal with a bar to refiling for a specified period (typically 180 days)
- Creditor objections: Creditors may object to the automatic stay or move to dismiss based on the pattern of serial filing
If your case was dismissed, not discharged: The discharge waiting periods (727(a)(8), 727(a)(9), 1328(f)) do not bar you from receiving a discharge in a new case. You can refile immediately. But be aware of the automatic stay limitations under section 362(c)(3) and (4) if the dismissal was within the past year.
Check Your Eligibility
The free discharge eligibility screener at 1328f.com calculates your specific waiting period based on your prior filing date and chapter. Enter your dates and it tells you immediately whether you are eligible for a new discharge.
The screener is built on federal court data covering 4.9 million cases. It uses the exact same statutory logic as the court: filing date to filing date, chapter to chapter. No account required, no data stored.
The Prior-Filer Problem
Waiting periods are not an academic exercise. Research on the FJC Integrated Database shows that roughly 27% of Chapter 13 filers have a prior bankruptcy filing. This means more than 1 in 4 Chapter 13 debtors must navigate these waiting periods correctly.
Errors in computing waiting periods can have devastating consequences. If an attorney files a Chapter 13 case 3 years and 11 months after a prior Chapter 7 -- one month too early under 1328(f)(1) -- the debtor completes 3-5 years of plan payments only to be denied a discharge at the end. The attorney gets paid. The debtor gets nothing.
This is not a theoretical concern. Court dockets show cases where waiting period miscalculations led to denied discharges years into a plan. It is one of the most preventable errors in bankruptcy practice.
The cost of getting it wrong: If your attorney miscalculates the waiting period and files one day too early, you could spend 3-5 years making plan payments and thousands in attorney fees, only to have your discharge denied. Always verify dates independently. The free screener at 1328f.com takes 30 seconds.
Frequently Asked Questions
About This Data
Statistics on this site are derived from the Federal Judicial Center Integrated Database, which contains records for over 4.9 million bankruptcy cases across all 94 federal districts. Prior-filer rates and waiting period impact data reflect analysis of resolved cases.
This is an educational resource, not legal advice. Consult a qualified attorney for your specific situation.
Cited in Federal Rules Suggestion 26-BK-3The research methodology behind this data has been submitted to and accepted by the Advisory Committee on Bankruptcy Rules as Rules Suggestion 26-BK-3.