What disqualifies me from filing Chapter 13?

You may be disqualified from Chapter 13 if: you do not have regular income, your total debts exceed $2,750,000, you are not an individual (businesses cannot file Chapter 13), you have not completed credit counseling, or you had a case dismissed for abuse within 180 days.

Can I file bankruptcy again after a prior dismissal?

Yes, but with restrictions. If dismissed within the past 180 days for willful failure to appear or comply with court orders, you cannot file a new case under 11 U.S.C. section 109(g). Additionally, if dismissed within the past year, the automatic stay is limited to 30 days in the new case. Two or more dismissals in the past year means no stay at all without a court order.

Is there a waiting period between bankruptcy filings?

For receiving a discharge: 8 years between Chapter 7 filings, 4 years from Chapter 7 to Chapter 13, 6 years from Chapter 13 to Chapter 7 (with exceptions), and 2 years between Chapter 13 filings. You can file a new case before these periods expire, but you will not receive a discharge.

Bankruptcy Disqualifications in New York

You may be disqualified from Chapter 7 if: you fail the means test (income too high with insufficient deductions), you received a Chapter 7 discharge within the last 8 years, you received a Chapter 13 discharge within the last 6 years, you had a case dismissed for abuse within 180 days, you have not completed credit counseling, or you are a stockbroker or commodity broker.

Discharge Waiting Periods

Prior Case	New Case	Wait for Discharge	Statute
Chapter 7	Chapter 7	8 years	727(a)(8)
Chapter 7	Chapter 13	4 years	1328(f)(1)
Chapter 13	Chapter 7	6 years*	727(a)(9)
Chapter 13	Chapter 13	2 years	1328(f)(2)

*6-year bar is waived if the prior Chapter 13 paid 100% of unsecured claims or paid at least 70% in a good-faith, best-effort plan.

Use the 1328(f) screener to check your specific eligibility.

Filing Bars

180-Day Bar (Section 109(g))

You cannot file any bankruptcy case if a prior case was dismissed within the past 180 days because:

You willfully failed to appear before the court or comply with court orders, OR
You requested voluntary dismissal after a creditor filed a motion for relief from the automatic stay

Automatic Stay Limitations

One prior dismissal in past year: Automatic stay expires after 30 days unless you file a motion to extend it - section 362(c)(3)
Two or more dismissals in past year: No automatic stay at all unless you get a court order - section 362(c)(4)

Credit Counseling Requirement

You must complete an approved credit counseling course within 180 days before filing. No exceptions (except in declared disaster areas or where no approved agency is available). Courses are available online and typically cost $20-50.

Chapter-Specific Disqualifications

Chapter 7

Means test failure - income too high after allowed deductions. New York median: $66,973 (1 person). See Chapter 7 eligibility.
Stockbrokers and commodity brokers - cannot use Chapter 7; must use SIPA liquidation
Prior Chapter 7 discharge within 8 years

Chapter 13

No regular income - must have income sufficient to fund a plan
Debt exceeds $2,750,000 (combined secured + unsecured)
Not an individual - businesses, corporations, and LLCs cannot file Chapter 13

Frequently Asked Questions

What disqualifies me from Chapter 7?

Failing the means test, a prior Chapter 7 discharge within 8 years, a prior Chapter 13 discharge within 6 years, dismissal for abuse within 180 days, or not completing credit counseling.

Can I file again after a dismissal?

Yes, with restrictions. The 180-day bar applies if dismissed for abuse. Even outside that bar, prior dismissals limit your automatic stay protection. Use the 1328(f) screener.

Can I file without a discharge?

Yes. You can file a new case even within the waiting periods - you just will not receive a discharge. This is sometimes done strategically (e.g., "Chapter 20" - filing Chapter 13 after Chapter 7 to restructure secured debts).

What if I cannot qualify for any chapter?

This is extremely rare. If Chapter 7 and 13 are both unavailable, Chapter 11 has no means test and no debt limits for individuals. It is more expensive but always available.

You May Also Find Helpful

Section 727(a)(8) Discharge Waiting Period -- 727a8.com
Bankruptcy Means Test by State -- bankruptcymeanstest.org
Open Bankruptcy Project -- openbankruptcyproject.org