The 180-Day Bar -- Voluntary Dismissal

• Section 109(g) of the Bankruptcy Code provides that if you have filed a bankruptcy case within the past 180 days and you voluntarily dismissed your case after a creditor filed a motion to lift the automatic stay, you cannot file another bankruptcy until 180 days have passed since the day you filed that previous case.
  
  

The 180-Day Bar -- Court Dismissal

• If you filed a case within the past 180 days and the court dismissed the case because you failed to abide by a court order, or the court dismissed the case because you missed a required court appearance, you must wait until 180 days have passed from the date you filed that previous case.
  
  

Waiting Period For Chapter 7

• If you previously filed a Chapter 7 or a Chapter 11 bankruptcy and obtained a discharge, you must wait eight years from the date that case was filed before you can file another Chapter 7 case. If you previously filed a Chapter 13 case or a Chapter 12 case and obtained a discharge, you must wait six years from the date you filed your previous case before you can file a Chapter 7 case, unless you paid your unsecured creditors either 100 percent in that previous case or you paid at least 70 percent and can show that the payment was your best effort and in good faith. If the court dismissed your previous case without a discharge, you can file Chapter 7 at any time, subject to the 180-day bar.
  
  

Waiting Period For Chapter 13

• If you previously filed a Chapter 7, Chapter 11 or Chapter 12 bankruptcy and obtained a discharge, you must wait four years from the date that case was filed before you can file a Chapter 13 case and obtain a discharge. You can file a Chapter 13 case before the four years have elapsed, but you will not receive a Chapter 13 discharge unless you wait the four-year period before you file. If your previous case was a Chapter 13 case and you received a discharge, you must wait two years before you can file another Chapter 13 case and be eligible for discharge. If your previous case was dismissed without a discharge, you can file another case at any time, subject to the 180-day bar.