Section 109(g) FAQ -- Bankruptcy Filing Bars Explained

Section 109(g) imposes a 180-day bar on refiling bankruptcy after a case is dismissed under certain conditions. If your previous case was dismissed for willful failure to obey court orders or to appear, or if you voluntarily dismissed after a creditor sought relief from the automatic stay, you cannot file again for 180 days.

The filing bar under Section 109(g) is 180 days (approximately 6 months) from the date of dismissal. After 180 days, you are eligible to file a new bankruptcy case, though other restrictions like reduced automatic stay under Section 362(c) may still apply.

Two situations trigger the bar: (1) your case was dismissed for willful failure to abide by court orders or to appear before the court, or (2) you voluntarily dismissed your case after a creditor filed a motion for relief from the automatic stay. The bar applies automatically.

Courts are split on whether 109(g) is a jurisdictional bar or merely a defense that creditors must raise. Some courts allow filing during the 180-day period if no party objects. Others dismiss the case automatically. Consult a local attorney to understand your court's approach.

Yes. The 109(g) bar prevents filing under any chapter -- Chapter 7, Chapter 13, Chapter 11, or Chapter 12. However, switching chapters (e.g., filing Chapter 13 after a dismissed Chapter 7) does not avoid the bar if the underlying trigger is present.

Willful failure means you deliberately or negligently failed to comply with a court order, such as failing to file required documents, missing the 341 meeting without cause, or not completing credit counseling. Courts examine whether you had notice of the requirement and whether the failure was within your control.

Yes. Section 109(g) prevents you from filing a new case for 180 days after dismissal. Discharge bars under Sections 727(a)(8) and 1328(f) prevent you from receiving a discharge if you file too soon after a previous discharge. You can be subject to both types of bars simultaneously.

Count 180 days from the date of the dismissal order. Use our calculator at 109g.org/calculator.html. The count starts from the date the dismissal order is entered on the docket, not the date you received notice.

An attorney may argue that the bar does not apply because the dismissal was not for willful failure, the voluntary dismissal was not filed after a motion for relief from stay, or that 109(g) is not jurisdictional in your circuit. Some courts also consider equitable exceptions.

If you refile within one year of a dismissed case, the automatic stay only lasts 30 days under Section 362(c)(3) unless you file a motion to extend it. If two or more cases were dismissed in the prior year, you get no automatic stay at all under Section 362(c)(4).

No. Conversion from one chapter to another is not a dismissal, so 109(g) does not apply. If your case is later dismissed after conversion, the 109(g) analysis applies to the dismissal, not the original conversion.

Generally no. The 180-day period is set by statute and most courts hold they cannot shorten it. However, courts that view 109(g) as non-jurisdictional may allow filing if no creditor objects. Filing a motion to reconsider the dismissal may be another path.

If your attorney's negligence caused the dismissal (e.g., missed a deadline or failed to file documents), you may have a malpractice claim. More importantly, some courts have found that attorney error does not constitute the debtor's 'willful failure,' potentially avoiding the 109(g) bar.

Serial filer protections under Section 362(c)(3) and (c)(4) are separate from 109(g). Even if the 180-day bar has expired, repeat filers face reduced automatic stay protections. Multiple dismissals create a pattern that judges consider when evaluating good faith.

Under Section 362(c)(3), if you refile within one year of a dismissal, you must file a motion to extend the automatic stay beyond 30 days. You must show the new filing is in good faith. File this motion within 30 days of the new petition date.