Bankruptcy Disqualifications in San Antonio

This page provides general educational information, not legal advice. Consult a qualified attorney for advice about your specific situation.

Discharge Waiting Periods

PriorNewWaitStatute
Ch. 7Ch. 78 years727(a)(8)
Ch. 7Ch. 134 years1328(f)(1)
Ch. 13Ch. 76 years*727(a)(9)
Ch. 13Ch. 132 years1328(f)(2)

*Waived if prior Ch. 13 paid 100% unsecured or 70% in good-faith plan.

Check with the 1328(f) screener

Filing Bars

180-Day Bar (Section 109(g))

Cannot file if dismissed within 180 days for abuse or voluntary dismissal after stay relief motion.

Automatic Stay Limits

  • One prior dismissal in past year: stay expires after 30 days - section 362(c)(3)
  • Two+ dismissals: no stay without court order - section 362(c)(4)

Given the W.D. Tex. 62.6% Chapter 13 dismissal rate, many San Antonio filers face these restrictions.

Frequently Asked Questions

What disqualifies me from Chapter 7?

Failing the means test, prior Ch. 7 discharge within 8 years, prior Ch. 13 within 6 years, dismissal for abuse within 180 days, or no credit counseling.

What disqualifies me from Chapter 13?

No regular income, debts over $2,750,000, not an individual, or no credit counseling.

Can I file again after dismissal?

Yes, with restrictions. The 180-day bar and automatic stay limitations apply.

Is there a waiting period between filings?

For discharge: 8 yr Ch.7-to-7, 4 yr Ch.7-to-13, 6 yr Ch.13-to-7, 2 yr Ch.13-to-13.

Free Discharge ScreenerChapter 7 vs 13

Open Bankruptcy Project Network

OBP Home1328(f) ScreenerCh. 7 vs 13Automatic Stay341 MeetingMeans TestCost GuideDismissed?File Again?How to File

Related San Antonio Bankruptcy Resources

Our research was cited by the federal judiciary as Suggestions 26-BK-3 and 26-BK-5

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