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1. What Section 109(g) Does

Section 109(g) bars an individual from being a debtor under any chapter of the Bankruptcy Code for 180 days after a prior case is dismissed if either of two conditions is met:

• 109(g)(1): The debtor willfully failed to abide by orders of the court, or to appear before the court in proper prosecution of the case.
• 109(g)(2): The debtor requested and obtained voluntary dismissal of the case following the filing of a request for relief from the automatic stay.

The bar is not automatic. It must be raised by a party in interest - typically a creditor, the Chapter 13 trustee, or the United States Trustee. If nobody raises it, the new case proceeds as if the bar does not exist.

2. Why It Matters

The automatic stay under Section 362 is one of the most powerful protections in bankruptcy law. The moment a petition is filed, all collection activity stops: foreclosures, repossessions, garnishments, lawsuits. This protection is immediate and automatic.

Without Section 109(g), a debtor could file a bankruptcy petition, receive the automatic stay, allow the case to be dismissed for noncompliance, and immediately refile to get a new stay. This pattern - sometimes called "serial filing" - uses the automatic stay as a delay tactic rather than a path to financial relief.

Section 109(g) exists to break this cycle by imposing a cooling-off period. But it only works when someone enforces it.

3. How Courts Enforce It

Enforcement of Section 109(g) varies significantly across districts:

• Systematic screening: Some courts and clerk's offices check for prior filings at intake and flag cases that may fall within the 109(g) window. These courts may issue orders to show cause or require the debtor to address the prior dismissal.
• Creditor-driven: In many districts, enforcement depends entirely on creditors or their attorneys monitoring for repeat filings and raising the issue by motion.
• UST monitoring: The United States Trustee's office may screen for serial filers as part of its oversight function, but practices vary by region.
• Trustee flagging: Chapter 13 trustees sometimes identify prior dismissals during the Section 341 meeting of creditors.

The FJC Integrated Database contains a PRBANKFL field indicating prior filings, but this indicator is descriptive rather than prescriptive. The system records that a prior filing exists - it does not automatically block the new filing or alert the court.

4. What the Data Shows

Using FJC and PACER data, we can measure the rate at which dismissed cases are followed by rapid refiles - new filings within 180 days of the prior dismissal.

Rapid-refile rates are not uniform. They vary by district, by practitioner, and by the reason for the prior dismissal. In our target districts, certain practitioners show significantly higher rapid-refile rates than control groups, suggesting that some practice models systematically generate the kind of cases most likely to trigger 109(g) concerns.

Patterns worth noting:

• Cases dismissed for failure to file required documents (bare petitions) are refiled at higher rates than cases dismissed after plan confirmation attempts.
• Cases where the same attorney represents the debtor in both the dismissed case and the refile show the highest rapid-refile rates.
• Some practitioners file new petitions for the same client within days of a dismissal, suggesting the refile was planned before the dismissal occurred.

5. The Connection to Section 1328(f)

Section 109(g) and Section 1328(f) address different aspects of repeat-filing abuse:

Together they form a two-layer protection. Section 109(g) prevents immediate refiles after a dismissal. Section 1328(f) prevents discharge-stacking when a debtor who already received a discharge files again too soon.

When neither is enforced, the system has no effective check on repeat filings. A debtor can file, fail, refile, fail, refile, succeed, receive a discharge, file again, and receive another discharge - all within timeframes that the statute was designed to prevent.

Our screening methodology identified 264 cases where Section 1328(f) bars were not enforced. The 109(g) layer has not been systematically screened at the national level, but the rapid-refile data suggests enforcement gaps exist there as well.

6. How to Check

If you are a creditor, trustee, or practitioner who wants to check whether a debtor may be subject to a Section 109(g) bar:

1. Search PACER Case Locator. Go to pcl.uscourts.gov and search for the debtor by name. Look for prior bankruptcy filings.
2. Check the prior case disposition. If the debtor had a prior case, determine whether it was dismissed and when.
3. Calculate the gap. Count the days between the prior dismissal date and the new filing date. If it is less than 180 days, Section 109(g) may apply.
4. Check the dismissal reason. Section 109(g)(1) requires willful failure to comply with court orders or appear. Section 109(g)(2) requires voluntary dismissal after a stay relief motion was filed. Not all dismissals trigger the bar.
5. Raise the issue. If the bar appears to apply, file a motion or raise the issue at the Section 341 meeting. The court will not enforce Section 109(g) on its own.

For a broader guide to using PACER as a consumer, see our guide to reading an attorney's PACER record.

Related Reports

• How We Screened 4.9 Million Bankruptcy Cases - the Section 1328(f) screening methodology
• Section 727(a)(8): The Chapter 7 Discharge Bar - the companion discharge bar for Chapter 7
• Chapter 13 Dismissal Rates by District - national analysis of where cases fail
• Prior-Filer Discharge Rates - outcomes for debtors with prior filings