What Is Section 109(g)?
Section 109(g) of the Bankruptcy Code is a filing bar - a federal law that prevents you from being a debtor in any bankruptcy case for 180 days after a prior case was dismissed under specific circumstances. Unlike a bankruptcy discharge bar rules (which still lets you file and receive the automatic stay protection in bankruptcy), a filing bar means you cannot file at all. No case is opened. No automatic stay takes effect. Creditors can foreclose, repossess, garnish, and sue you with no bankruptcy protection available.
The statute targets two specific situations where Congress concluded a debtor had either defied the court's authority or abused the bankruptcy process by gaming the automatic stay.
11 U.S.C. Section 109(g): "Notwithstanding any other provision of this section, no individual ... may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if - (1) the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or (2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title."
Good news: Most dismissals do not trigger Section 109(g). If your case was dismissed because you could not make plan payments, missed a routine filing deadline, failed to complete credit counseling, or decided to voluntarily dismiss without a pending stay relief motion, the 180-day filing bar does not apply to you. You may be able to refile immediately.
The Two Triggers
109(g)(1) - Willful Failure to Obey Court Orders or Appear
The court dismissed your case because you willfully failed to follow court orders or failed to appear before the court as required. The key word is "willful" - a deliberate choice to ignore the court, not merely an honest mistake or emergency.
Read the full guide to 109(g)(1) →
109(g)(2) - Voluntary Dismissal After a Motion for Relief from Stay
You voluntarily dismissed your case after a creditor filed a motion for relief from the automatic stay. This targets the abuse pattern of filing to stop a foreclosure, dismissing once the crisis passes, then refiling when the creditor tries again.
Courts are split on whether the dismissal must have been caused by the stay relief motion. The Tenth Circuit, in In re Frieouf, 938 F.2d 1099 (10th Cir. 1992), held that a causal connection is required.
Explore This Site
109(g)(1) - Willful Failure to Obey Court Orders
The word "willful" does real work here. Forgetting a hearing date because you never received notice is not willful. Ignoring a court order you knew about is. If your attorney's mistake caused the dismissal, some courts hold you should not bear the 180-day bar. Full analysis with case law citations.
Read the full guide →109(g)(2) - Voluntary Dismissal After Stay Relief Motion
A creditor filed a motion to lift the automatic stay, and you dismissed your case afterward. Does timing alone trigger the bar, or must the dismissal be caused by the motion? The Tenth Circuit says causation is required (In re Frieouf). Other courts disagree. Learn your circuit's position.
Read the full guide →180-Day Refile Calculator
Enter the date your case was dismissed. Instantly see the first day you can file a new petition. Runs entirely in your browser - nothing stored, nothing sent.
Calculate your date →What to Do During the 180 Days
You cannot file, but the waiting period is not wasted time. Complete credit counseling, gather documents, fix the problems that caused your first case to fail, and choose the right chapter for round two.
Read the preparation guide →109(g) vs Other Filing Bars
The 180-day bar is just one of several restrictions on repeat filers. Compare 109(g) to 727(a)(8) (8-year discharge bar), 1328(f) (Chapter 13 discharge bar), and 362(c)(3)/(c)(4) (automatic stay limits). See which ones stack.
Compare all bars →The 180-Day Rule Explained
How the 180-day period is calculated (calendar days, not business days), when the clock starts, and edge cases involving conversion, transfer, and reopening.
Read the full explanation →Serial Filer Protections
If you have filed multiple times, creditors may seek "serial filer" sanctions beyond the 109(g) bar. Learn about 362(c)(3) (30-day stay limit) and 362(c)(4) (no automatic stay at all).
Read about serial filer rules →Free Discharge Screener
Not sure if a prior case blocks you from filing again? The screener checks filing bars, discharge bars, and stay limitations based on your specific case history.
Go to 1328f.com →Quick Reference: When Does 109(g) Apply?
| Reason for Dismissal | 109(g) Applies? |
|---|---|
| Willful failure to obey court orders | Yes - 109(g)(1) |
| Willful failure to appear before the court | Yes - 109(g)(1) |
| Voluntary dismissal after stay relief motion filed | Yes - 109(g)(2) |
| Could not make plan payments | No |
| Failed to complete credit counseling | No |
| Failed means test (707(b) dismissal) | No |
| Voluntary dismissal with no pending stay relief motion | No |
| Administrative dismissal (filing fee not paid) | Generally no |
Frequently Asked Questions
What is the 180-day refiling bar?
Section 109(g) of the Bankruptcy Code prevents a debtor from filing any new bankruptcy petition for 180 calendar days after a prior case was dismissed for willful failure to obey court orders or after the debtor voluntarily dismissed following a creditor motion for stay relief.
How long do I have to wait to file bankruptcy again after dismissal?
It depends on why your case was dismissed. If Section 109(g) applies, you must wait 180 calendar days. If it does not apply, you can refile immediately, but refiling within one year of dismissal limits your automatic stay to 30 days under Section 362(c)(3). Understanding how stay limitations under Section 362(c) interact with filing bars is critical for repeat filers.
Does 109(g) apply to voluntary dismissals?
Only if a creditor had filed a motion for relief from the automatic stay before you dismissed. If you voluntarily dismissed without any pending stay relief motion, Section 109(g)(2) does not apply. However, strategic dismissals to manipulate the stay can trigger other sanctions.
Check Whether a Prior Case Affects Your Eligibility
The free screener at 1328f.com checks both filing bars and discharge bars based on your prior case history.
Legal References
- 11 U.S.C. Section 109 - Who may be a debtor (includes the 109(g) filing bar)
- 11 U.S.C. Section 362 - Automatic stay (includes 362(c)(3) and 362(c)(4) repeat filer limits)
- 11 U.S.C. Section 727 - Discharge in Chapter 7 (includes 727(a)(8) and 727(a)(9) discharge bars)
- 11 U.S.C. Section 1328 - Discharge in Chapter 13 (includes 1328(f) discharge bar)
- In re Frieouf, 938 F.2d 1099 (10th Cir. 1992) - Causal connection required for 109(g)(2)
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Related Resources
serial filing rules and waiting periods - Automatic stay limits and filing bars for repeat filers
what happens after bankruptcy dismissal - What happens when your case is dismissed and next steps
Section 727(a)(8) eight-year discharge bar - Eight-year bar between Chapter 7 discharges under Section 727(a)(8)