Section 1328(f) Discharge Eligibility Calculator

The Two Section 1328(f) Discharge Bars

Section 1328(f) contains two separate timing bars that can prevent a debtor from receiving a Chapter 13 discharge. Both were added by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005.

1328(f)(1) -- Prior Chapter 7, 11, or 12 Discharge

A debtor may not receive a Chapter 13 discharge if the debtor received a discharge under Section 727 (Chapter 7), Section 1141 (Chapter 11), or Section 1228 (Chapter 12) in a case filed within four years before the date of the filing of the current Chapter 13 case.

The four-year clock runs from the filing date of the prior case to the filing date of the new case. It does not run from the discharge date. This is a critical distinction that is frequently misunderstood.

1328(f)(2) -- Prior Chapter 13 Discharge

A debtor may not receive a Chapter 13 discharge if the debtor received a prior Chapter 13 discharge under Section 1328 in a case filed within two years before the date of the filing of the current case.

Again, the two-year clock runs filing date to filing date. Because Chapter 13 plans run three to five years, the two-year bar rarely prevents a subsequent Chapter 13 filing from receiving a discharge -- by the time the first plan is complete and the discharge is entered, two years have almost certainly passed since the first case was filed.

Filing During the Bar Period

An important point that confuses many people: Section 1328(f) is a discharge bar, not a filing bar. You can file a Chapter 13 case at any time, regardless of prior discharge history. The question is whether you will receive a discharge at the end of the plan.

Why would someone file Chapter 13 knowing they cannot get a discharge? There are several legitimate reasons:

• Automatic stay protection -- Filing triggers the automatic stay under Section 362, which stops collection actions, foreclosure, wage garnishment, and repossession (though the stay may be limited for serial filers under Sections 362(c)(3) and (c)(4)).
• Stopping foreclosure -- A Chapter 13 plan can cure mortgage arrears over the plan term, even without a discharge. The debtor can save their home by making current payments plus arrears through the plan.
• Restructuring secured debt -- Vehicle loans and other secured debts can be restructured through the plan. Even without a discharge of personal liability, the debtor gets the benefit of the restructured payment terms during the plan.
• Buying time -- Some debtors file during the bar period simply to gain time to reorganize their finances under the protection of the automatic stay, knowing the discharge bar will expire before the plan is complete.

Common Misconceptions

Misconception: The clock runs from discharge date. Wrong. Both 1328(f)(1) and 1328(f)(2) measure from the filing date of the prior case to the filing date of the new case. If you filed Chapter 7 on January 1, 2022, and received your discharge on May 1, 2022, the four-year bar expires on January 1, 2026 -- not May 1, 2026.

Misconception: You cannot file at all during the bar period. Wrong. You can file. You just cannot receive a discharge. The filing itself is permitted, and the automatic stay and other benefits of the case still apply (subject to serial filer limitations).

Misconception: 1328(f) applies even without a prior discharge. Wrong. If the prior case was dismissed without a discharge -- whether voluntarily or involuntarily -- Section 1328(f) does not apply. The bar only kicks in when the debtor actually "received a discharge" in the prior case.

Misconception: The bars overlap with 727(a)(8). Section 727(a)(8) is the separate eight-year bar on Chapter 7 discharges. It applies to Chapter 7 cases, while 1328(f) applies to Chapter 13 cases. They are different statutes governing different chapters. For a complete picture of all four discharge bar combinations, see the 1328f.com screener or dischargebar.org.

Frequently Asked Questions

What is the 1328(f) discharge bar?

Section 1328(f) prevents a debtor from receiving a Chapter 13 discharge if they received a prior discharge too recently. Under 1328(f)(1), the bar is 4 years if the prior discharge was Chapter 7, 11, or 12. Under 1328(f)(2), the bar is 2 years if the prior discharge was Chapter 13. The clock runs from filing date to filing date.

Can I still file Chapter 13 during the bar period?

Yes. Section 1328(f) is a discharge bar, not a filing bar. You can file a Chapter 13 case during the bar period and still receive the benefits of the automatic stay, stop foreclosure, and restructure debts. However, you will not receive a discharge at the end of the plan, meaning your personal liability on dischargeable debts will continue after the case closes.

Does 1328(f) run from filing date or discharge date?

Filing date to filing date. This is one of the most common misconceptions in bankruptcy law. The statute says "in a case filed within" the specified period. So if your Chapter 7 was filed on March 1, 2022, the four-year bar under 1328(f)(1) expires on March 1, 2026 -- regardless of when you actually received the Chapter 7 discharge.

What is the difference between 1328(f)(1) and 1328(f)(2)?

Section 1328(f)(1) applies when the prior discharge was under Chapter 7 (Section 727), Chapter 11 (Section 1141), or Chapter 12 (Section 1228). The bar period is 4 years. Section 1328(f)(2) applies when the prior discharge was under Chapter 13 (Section 1328). The bar period is 2 years. Both are measured filing date to filing date.