The 180-Day Bar: Section 109(g)
Under 11 U.S.C. Section 109(g), you may be barred from filing a new bankruptcy case for 180 days after dismissal if either of these conditions applies:
- Willful failure to obey court orders or appear before the court in a proper prosecution of the case (Section 109(g)(1))
- Voluntary dismissal after a creditor filed a motion for relief from stay (Section 109(g)(2))
If neither condition applies -- for example, if your case was dismissed for missing a filing deadline or failing to provide documents -- the 180-day bar typically does not apply, and you can refile immediately.
Common misconception: Many people believe they must always wait 180 days after any dismissal. That is not true. The 180-day bar is triggered only under the specific circumstances listed in Section 109(g). A simple dismissal for missed plan payments, for example, does not trigger the bar.
Stay Limitations for Repeat Filers: Section 362(c)
Even if Section 109(g) does not bar you from filing, refiling within one year of a dismissal triggers reduced automatic stay protection:
- One prior dismissal within 1 year: The automatic stay in your new case expires after 30 days unless you file a motion to extend it (Section 362(c)(3))
- Two or more prior dismissals within 1 year: The automatic stay does not go into effect at all. You must file a motion asking the court to impose the stay (Section 362(c)(4))
These stay limitations are separate from and in addition to the 109(g) filing bar. You can be eligible to file but still face reduced stay protection.
Practical Timeline
| Situation | Can Refile? | Stay Protection |
|---|---|---|
| Dismissed for missed documents | Usually immediately | 30-day limit if within 1 year |
| Dismissed for missed plan payments | Usually immediately | 30-day limit if within 1 year |
| Voluntarily dismissed after relief from stay motion | Wait 180 days | 30-day limit if within 1 year |
| Court found willful failure to comply | Wait 180 days | 30-day limit if within 1 year |
| 2+ dismissals in past year | Usually immediately (if no 109(g) bar) | No stay at all -- must file motion |
Cross-References
- 109g.org -- Detailed guide to the 180-day filing bar
- canifileagain.org -- Can you file bankruptcy again?
- Can I refile? -- Guide for dismissed debtors
- serialfiler.org -- Repeat filer rules and stay limitations