The 180-Day Rule in Bankruptcy

What Is the 180-Day Rule?

The "180-day rule" is the common name for Section 109(g) of the Bankruptcy Code. It is a federal law that bars you from being a debtor in any bankruptcy case -- Chapter 7, Chapter 13, Chapter 11, or Chapter 12 -- for 180 calendar days after your previous case was dismissed under specific circumstances.

This is not a soft restriction or a suggestion. It is a filing bar. During the 180-day period, you cannot file a bankruptcy petition at all. No case number is assigned. No automatic stay takes effect. No creditor is required to stop collecting, garnishing, foreclosing, or repossessing. You are fully exposed to all creditor action for the entire 180 days.

The 180-day rule exists because Congress wanted to prevent two specific types of abuse. Both involve debtors who, in Congress's view, either defied the authority of the bankruptcy court or manipulated the automatic stay for tactical advantage.

Notice the language: "no individual ... may be a debtor." This is not about whether you receive a discharge. It is about whether you can even file. The distinction matters enormously because many people confuse filing bars with discharge bars, and the consequences are very different.

The Two Triggers That Activate the 180-Day Bar

Not every bankruptcy dismissal triggers the 180-day bar. In fact, most dismissals do not. The bar only applies in two specific situations.

Trigger 1: Willful Failure to Obey Court Orders or Appear (109(g)(1))

Your prior case was dismissed because the court found that you willfully failed to follow court orders or failed to appear before the court in proper prosecution of your case. The key word is "willful." Courts interpret this to mean a deliberate, conscious choice to ignore the court -- not merely forgetting a deadline, having a car break down on the way to a hearing, or making an honest mistake.

Common examples that courts have found to be "willful" include:

• Repeatedly ignoring court orders to file required documents after being given extensions
• Failing to appear at the 341 meeting of creditors multiple times without explanation
• Refusing to comply with a court order to turn over property
• Deliberately failing to make court-ordered plan payments

Examples that courts have found not to be willful include:

• A single missed deadline caused by attorney error
• Failure to appear due to a medical emergency with documentation
• Missing a filing deadline due to confusion about court procedures

Full guide to the willful failure trigger →

Trigger 2: Voluntary Dismissal After a Stay Relief Motion (109(g)(2))

You voluntarily dismissed your case after a creditor had already filed a motion for relief from the automatic stay. This targets a specific abuse pattern: a debtor files bankruptcy to get the automatic stay and stop a foreclosure or repossession, then voluntarily dismisses the case once the immediate crisis passes, and then refiles when the creditor tries again -- getting a fresh stay each time.

The timing is critical. The creditor must have filed the stay relief motion before you filed the voluntary dismissal. If you dismiss before any creditor files a stay relief motion, this trigger does not apply.

Courts are split on whether there must be a causal connection between the stay relief motion and the dismissal. The Tenth Circuit, in In re Frieouf, 938 F.2d 1099 (10th Cir. 1992), held that 109(g)(2) only applies when the debtor dismissed the case because of the stay relief motion -- not merely because of the timing coincidence.

Full guide to the voluntary dismissal trigger →

How the 180 Days Is Counted

The 180-day clock starts on the date the court enters the order dismissing your case. This is the date stamped on the court's docket -- not the date you received notice of the dismissal, not the date your attorney told you, and not the date the dismissal was mailed to you.

To find the exact date your case was dismissed, you can:

• Check the docket of your prior case on PACER (the federal court electronic filing system)
• Look at the "Order of Dismissal" document -- the date on the docket entry is the controlling date
• Ask the clerk of the bankruptcy court that handled your case
• Ask your prior attorney (if you had one) for the dismissal date

Use our 180-Day Calculator to find your earliest eligible refiling date.

Filing Bar vs Discharge Bar -- A Critical Distinction

People often confuse filing bars with discharge bars. They are fundamentally different, and understanding the difference can save you from making a costly mistake.

Feature	Filing Bar (109(g))	Discharge Bar (727(a)(8), 1328(f))
Can you file a petition?	No	Yes
Do you get the automatic stay?	No	Yes (may be limited)
Can creditors continue collection?	Yes -- no protection	No -- stay applies
Can you receive a discharge?	N/A -- no case exists	No
Duration	180 days	2, 4, 6, or 8 years depending on chapters
Statute	11 U.S.C. Section 109(g)	11 U.S.C. Sections 727(a)(8)/(9), 1328(f)

A filing bar means you cannot file at all. No case is opened, no case number is assigned, and the automatic stay never takes effect. You are completely unprotected from creditor action.

A discharge bar means you can file a case and receive the automatic stay (which stops creditor action), but you will not receive a discharge at the end of the case. You might still benefit from the stay, from restructuring debts through a Chapter 13 plan, or from other bankruptcy protections -- even without a discharge.

Learn more about discharge bars at dischargebar.org and 1328f.com.

What Happens If You File During the 180-Day Bar?

What happens if you file a bankruptcy petition while the 109(g) bar is still running? The answer depends on which court you are in and whether anyone objects.

Courts That Treat 109(g) as Jurisdictional

Some courts hold that Section 109(g) is a jurisdictional requirement. Under this view, if you are not eligible to be a debtor, the court has no jurisdiction over you and the case must be dismissed. The court can raise this issue on its own (sua sponte) even if no party objects. No waiver is possible.

Courts That Treat 109(g) as Non-Jurisdictional

Other courts hold that 109(g) is a non-jurisdictional claim-processing rule -- meaning it can be waived if no party raises it. Under this view, if you file during the 180-day period and no creditor, trustee, or U.S. Trustee objects, the case may proceed. The Ninth Circuit adopted this approach in In re Lil' Things, Inc., 220 B.R. 583 (Bankr. N.D. Tex. 1998), and several other courts have followed.

However, even in non-jurisdictional courts, any party in interest can raise the 109(g) bar at any time. And many courts will dismiss the case retroactively, meaning you lose any benefit of the automatic stay that was in effect while the case was open.

Practical Consequences

• Wasted fees: Filing fees ($338 for Chapter 7, $313 for Chapter 13 as of 2026) are generally not refunded after dismissal
• Attorney fees: If you paid an attorney to prepare and file the case, those fees are lost
• Credit reporting: The dismissed filing still appears on your credit report
• Repeat filer penalties: The dismissed case counts as a prior filing for purposes of the 362(c)(3) and 362(c)(4) automatic stay limitations when you do eventually refile

The Jurisdictional vs Non-Jurisdictional Circuit Split

One of the most important unresolved questions about Section 109(g) is whether it is a jurisdictional bar or a non-jurisdictional claim-processing rule. This distinction determines whether a judge has any discretion to allow a filing during the 180-day period.

The Jurisdictional View

Courts taking this view hold that Section 109(g) defines who may be a debtor, and if you do not meet the definition, the court lacks subject-matter jurisdiction over you. This means:

• The court must dismiss the case even if no party objects
• The bar cannot be waived by any party or by the court
• No emergency or equitable exception exists

The Non-Jurisdictional View

Courts taking this view hold that 109(g) is a claim-processing rule that creates a defense, not a jurisdictional defect. This means:

• A creditor or trustee must raise the objection -- the court generally will not raise it on its own
• If no party objects, the case can proceed
• Some courts have exercised discretion to allow filing in extraordinary circumstances

The Supreme Court has not resolved this split. If you are considering filing during the 180-day period, you need to know how the courts in your district treat the issue. An attorney licensed in your jurisdiction can tell you which rule applies.

When the 180-Day Bar Does NOT Apply

Most bankruptcy dismissals do not trigger the 180-day bar. If your case was dismissed for any of these reasons, Section 109(g) does not apply and you can refile immediately (though other restrictions like the 362(c) stay limitations may still affect you):

• Could not keep up with Chapter 13 plan payments
• Failed to complete the pre-filing credit counseling requirement
• Failed to file required documents (schedules, statements) -- unless the court specifically found the failure was "willful"
• Failed the means test (707(b) dismissal)
• Voluntarily dismissed your case when no creditor had filed a motion for relief from stay
• Had your case dismissed for administrative reasons (filing fee not paid, for example)
• Had a change of circumstances that made your plan infeasible

The critical distinction is between routine failures and willful defiance of court authority. Missing a payment is not willful defiance. Repeatedly ignoring direct court orders after being warned -- that crosses the line.

Related Resources

• serialfiler.org -- How 109(g) interacts with the automatic stay limits for repeat filers
• automaticstay.org -- The automatic stay explained, including 362(c)(3) and 362(c)(4) limits
• dischargebar.org -- Discharge bars under 727(a)(8), 727(a)(9), and 1328(f)
• dismissedbankruptcy.org -- What to do after your bankruptcy case is dismissed
• Voluntary Dismissal and 109(g)(2) -- The stay relief motion trigger
• Willful Failure and 109(g)(1) -- The court order defiance trigger

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) discharge bar)
• 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)

Last updated: March 2026