Most people can file bankruptcy. But certain prior filings, timing issues, and eligibility requirements can create bars. Here is the complete list of what might prevent you from filing -- and what you can do about it.
The most common barrier to filing is a prior bankruptcy discharge. The waiting periods depend on the chapters of both the prior and new case:
| Prior Case | New Case | Waiting Period | Statute |
|---|---|---|---|
| Chapter 7 discharge | Chapter 7 | 8 years | 727(a)(8) |
| Chapter 13 discharge | Chapter 7 | 6 years* | 727(a)(9) |
| Chapter 7 discharge | Chapter 13 | 4 years | 1328(f)(1) |
| Chapter 13 discharge | Chapter 13 | 2 years | 1328(f)(2) |
| Chapter 12 discharge | Chapter 7 | 6 years* | 727(a)(9) |
*The 6-year bar (Ch 13 to Ch 7) does not apply if you paid 100% of unsecured claims or at least 70% in good faith with best effort.
All waiting periods run from the filing date of the prior case, not the discharge date.
Under 11 U.S.C. section 109(g), you cannot file any bankruptcy case for 180 days if your prior case was dismissed for either of these reasons:
If your case was dismissed for other reasons (failure to make plan payments, failure to file documents on time), the 180-day bar may not apply, but section 362(c)(3) may limit your automatic stay to 30 days in the next case.
If your household income is above the state median and you do not pass the full means test calculation, you are disqualified from Chapter 7. Your options:
See full details on Chapter 7 eligibility and income limits.
Under 11 U.S.C. section 109(h), you must complete a credit counseling course from a U.S. Trustee-approved agency within 180 days before filing. If you file without the certificate, the court will dismiss your case.
Limited exceptions exist for emergencies (exigent circumstances) and when no approved agency is available, but these are rarely granted. See credit counseling requirements.
Chapter 13 has a combined debt limit of $2,750,000 in total noncontingent, liquidated secured and unsecured debts. If your debts exceed this, Chapter 13 is not available. Options:
See Chapter 13 eligibility for details.
Fraud does not prevent you from filing, but it can prevent you from receiving a discharge:
These are serious allegations that must be raised by the trustee, a creditor, or the U.S. Trustee. If proven, your entire discharge is denied -- meaning no debts are eliminated.
Chapter 13 requires "regular income" -- income stable enough to fund a repayment plan. If you have no income at all, Chapter 13 is not available. However, "regular income" is defined broadly and includes wages, self-employment, pension, Social Security, disability, rental income, and regular support from family members. See Chapter 13 eligibility.
| Potential Barrier | Chapter 7 | Chapter 13 |
|---|---|---|
| Income too high (means test) | Bars filing | No barrier |
| Prior Ch 7 discharge (8 years) | Bars discharge | Bars discharge (4 years) |
| Prior Ch 13 discharge (6/2 years) | Bars discharge | Bars discharge (2 years) |
| Dismissed within 180 days (109(g)) | Bars filing | Bars filing |
| No credit counseling | Case dismissed | Case dismissed |
| Debts over $2.75M | No barrier | Bars filing |
| No regular income | No barrier | Bars filing |
| Fraud | May deny discharge | May deny discharge |
| Not an individual | May file (some entities) | Bars filing |
Failing the means test, prior Chapter 7 discharge within 8 years, prior Chapter 13 discharge within 6 years, dismissal within 180 days under section 109(g), no credit counseling, and fraud.
Debts over $2.75M, no regular income, not being an individual, prior Chapter 7 discharge within 4 years, prior Chapter 13 discharge within 2 years, no credit counseling, and dismissal within 180 days.
Ch 7 to Ch 7: 8 years. Ch 13 to Ch 7: 6 years (exceptions). Ch 7 to Ch 13: 4 years. Ch 13 to Ch 13: 2 years. All measured from prior filing date. Check your timeline.
Under section 109(g), you cannot file for 180 days if your prior case was dismissed for willful failure to comply with court orders or if you dismissed after a creditor sought stay relief.
No. You must complete credit counseling within 180 days before filing. Filing without it results in dismissal. Limited emergency exceptions exist but are rarely granted.
Fraud does not prevent filing, but can prevent discharge. Concealing assets, falsifying records, making false oaths, or failing to explain asset losses can result in denial of your entire discharge.