What Is Section 109(g)(2)?
Section 109(g)(2) is the second of two triggers that create the 180-day bankruptcy filing bar. It applies when you voluntarily dismiss your bankruptcy case after a creditor has filed a motion for relief from the automatic stay.
11 U.S.C. Section 109(g)(2): No individual may be a debtor who has been a debtor in a case pending at any time in the preceding 180 days if "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."
This provision targets a specific abuse pattern that Congress observed before BAPCPA. Debtors would file bankruptcy primarily to invoke the automatic stay and stop a foreclosure or repossession. Once the immediate crisis passed -- or once a creditor fought back by filing a motion for stay relief -- the debtor would dismiss the case. Then, when the creditor tried to foreclose again, the debtor would refile and get a fresh automatic stay. This cycle could repeat indefinitely.
Section 109(g)(2) breaks this cycle by imposing a 180-day cooling-off period. If you dismiss after a creditor seeks stay relief, you cannot file again for 180 days -- giving the creditor a window to complete its collection action without the debtor filing another bankruptcy to stop it.
Why This Rule Exists
The automatic stay is one of the most powerful protections in bankruptcy law. The moment you file a petition, virtually all creditor action stops -- foreclosures, repossessions, garnishments, lawsuits, phone calls. This protection is automatic and immediate.
But that power can be abused. Consider this scenario:
- A debtor is behind on their mortgage. The bank schedules a foreclosure sale for next Tuesday.
- On Monday, the debtor files a Chapter 13 bankruptcy petition. The automatic stay kicks in. The foreclosure is cancelled.
- The debtor has no real intention of completing a Chapter 13 plan. They just needed to stop the foreclosure.
- The bank files a motion for relief from the automatic stay, arguing that the debtor is not making payments and has no viable plan.
- Before the court can hear the motion, the debtor voluntarily dismisses the case.
- The bank reschedules the foreclosure. On the day before the new sale, the debtor files another bankruptcy petition -- and gets another automatic stay.
Without Section 109(g)(2), this cycle could continue indefinitely. The debtor would never complete a bankruptcy case, but would use the automatic stay as a tool to perpetually delay creditors. Section 109(g)(2) says: if you dismiss after a creditor seeks stay relief, you are locked out for 180 days.
The Timing Requirement
The sequence of events matters. For 109(g)(2) to apply, the following must happen in this order:
- First: A creditor files a motion for relief from the automatic stay under Section 362
- Then: The debtor requests and obtains voluntary dismissal of the case
If you dismiss first: If you file your voluntary dismissal before any creditor files a stay relief motion, Section 109(g)(2) does not apply. The timing is strict -- the stay relief motion must already be on the docket when you file the dismissal.
Does It Matter Whether the Motion Was Granted or Denied?
Most courts say no. The statute says "following the filing of a request for relief from the automatic stay" -- not "following the granting of relief." The filing of the motion is the trigger, regardless of whether the court would have granted or denied it. Even if the creditor's motion was weak or frivolous, the fact that it was filed before you dismissed is enough.
Does It Matter Which Creditor Filed the Motion?
No. The statute does not require that the creditor who filed the stay relief motion be the same creditor you were trying to avoid. If any creditor files a stay relief motion and you then voluntarily dismiss, the bar applies.
The Causal Connection Debate
One of the most debated questions in 109(g)(2) law is whether there must be a causal connection between the stay relief motion and the voluntary dismissal. In other words, must the debtor have dismissed because of the stay relief motion, or is the mere timing enough?
The Tenth Circuit: Causal Connection Required
In In re Frieouf, 938 F.2d 1099 (10th Cir. 1992), the Tenth Circuit held that 109(g)(2) requires a causal connection. The court reasoned that the statute targets debtors who dismiss to avoid the consequences of a stay relief motion -- not debtors who happen to dismiss for unrelated reasons while a stay relief motion is pending.
Under this approach, if you can show that your voluntary dismissal was motivated by something other than the stay relief motion -- for example, a change in your financial circumstances, a decision to pursue alternatives to bankruptcy, or a legitimate strategic reason -- the 180-day bar does not apply even though the timing coincidence exists.
The Literal Text Approach: Timing Is Enough
Other courts have taken a more literal approach to the statute. They note that the text says "following the filing" -- it does not say "because of the filing." Under this view, if you dismiss after a stay relief motion has been filed, the bar applies regardless of your reasons.
Know your circuit. Whether a causal connection is required depends on the law in your circuit. In the Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming), the causal connection test applies. In other circuits, the answer may be different. Consult an attorney in your jurisdiction.
Strategic Considerations: Should You Dismiss?
If a creditor has filed a motion for relief from the automatic stay, you face a difficult decision. Dismissing voluntarily may trigger the 180-day bar. But staying in the case may lead to the creditor getting stay relief anyway. Here are your options:
Option 1: Fight the Stay Relief Motion
If you have a legitimate basis to oppose the stay relief motion, fight it. If the court denies the motion, the stay remains in place and your case continues. No 109(g)(2) issue arises because you did not dismiss.
Option 2: Convert Instead of Dismissing
Converting your case from one chapter to another (for example, from Chapter 13 to Chapter 7, or from Chapter 7 to Chapter 13) is not a voluntary dismissal. It does not trigger Section 109(g)(2). If dismissal would hurt you but you cannot continue in the current chapter, converting to a different chapter may be a better option.
Conversion is not dismissal. Courts have consistently held that converting a case under Section 706 or 1307 does not constitute a voluntary dismissal for purposes of 109(g)(2). This can be a valuable strategic tool if you need to change course without triggering the filing bar.
Option 3: Consent to Stay Relief on Specific Property
Instead of dismissing the entire case, you might agree to lift the stay on the specific property the creditor is targeting. This allows the creditor to proceed with that one asset while your case continues for your other debts. The case is not dismissed, so 109(g)(2) does not apply.
Option 4: Dismiss and Wait 180 Days
If none of the above options work, you can dismiss and accept the 180-day bar. Use the waiting period to prepare a stronger filing. See During the 180 Days for guidance on making the most of the waiting period.
Option 5: Let the Court Dismiss the Case
If the court dismisses your case (involuntary dismissal) rather than you requesting dismissal, 109(g)(2) does not apply -- because you did not "request and obtain" the dismissal. However, if the court dismisses for willful failure to obey court orders, you may trigger the other bar under 109(g)(1).
Automatic Stay Implications After Refiling
Even after the 180-day bar expires and you are eligible to file again, your new case faces additional restrictions under Section 362(c). These provisions limit the automatic stay for repeat filers:
| Situation | Stay Duration | What to Do |
|---|---|---|
| One prior case dismissed within the past year | 30 days only | File motion to extend stay within 30 days of filing -- must show good faith and changed circumstances |
| Two or more prior cases dismissed within the past year | No stay at all | File motion to impose stay -- must show good faith and changed circumstances |
| No prior case dismissed within the past year | Full stay applies | No action needed -- standard automatic stay protection |
The combination of 109(g)(2) and 362(c) creates a one-two punch for repeat filers. First, you wait 180 days with no bankruptcy protection. Then, when you do refile, the stay may last only 30 days unless you convince the court to extend it. Planning ahead is essential.
Learn more about these stay limitations at automaticstay.org and Serial Filer Protections.
Calculate Your Earliest Refiling Date
Enter the date of your dismissal order and find your earliest eligible refiling date.
Related Resources
- Voluntary Dismissal -- General Guide -- Broader overview of voluntary dismissal in bankruptcy
- automaticstay.org -- Serial Filer Limits -- How 362(c)(3) and 362(c)(4) restrict the stay
- relieffromstay.org -- Complete guide to motions for relief from the automatic stay
- serialfiler.org -- How repeat filings affect your bankruptcy rights
- Serial Filer Protections -- How 109(g) and 362(c) work together
Legal References
- 11 U.S.C. Section 109(g) -- The 180-day filing bar
- 11 U.S.C. Section 362 -- Automatic stay and relief from stay
- 11 U.S.C. Section 706 -- Conversion of Chapter 7 cases
- 11 U.S.C. Section 1307 -- Conversion or dismissal of Chapter 13 cases
- In re Frieouf, 938 F.2d 1099 (10th Cir. 1992) -- Causal connection required for 109(g)(2)
Last updated: March 2026