What Is the Chapter 7 Discharge Bar?
Section 727(a)(8) of the Bankruptcy Code prevents a debtor from receiving a Chapter 7 discharge if they already received a discharge in a prior Chapter 7 or Chapter 11 case filed within the last 8 years. The clock runs from filing date to filing date -- not from the date of the prior discharge.
This is one of the most straightforward bars in the Code, but it trips up debtors and attorneys who miscalculate the dates. Filing even one day too early means the court must deny the discharge entirely -- there is no judicial discretion to waive the waiting period.
Section 727(a)(8) is closely related to Section 727(a)(9), which imposes a 6-year bar after a prior Chapter 12 or Chapter 13 discharge (with exceptions for full-payment plans). Together, these provisions define when a debtor can return to Chapter 7 for a fresh start.
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Coming Soon
This site is under active development. When complete, it will cover:
The full family of discharge timing bars -- Sections 727(a)(8), 727(a)(9), and 1328(f). We will explain how each one works, how they interact, and how to calculate the exact earliest date a debtor can refile and receive a discharge.
Common mistakes that lead to denied discharges, including miscounting the 8-year window, confusing filing dates with discharge dates, and failing to check for prior cases in other districts. We will also cover the relationship between these bars and the means test under Section 707(b).
While we build this page, check out our free screening tool:
Free Discharge Screener at 1328f.com