Document Type


Publication Date


Publication Citation

97 Harvard Law Review 759 (1984)


Since early in this century, the six-year bar to discharge has been a familiar feature of bankruptcy law: a debtor who has once been adjudicated a bankrupt and granted a discharge has traditionally been unable to obtain another discharge for six years afterwards. The continued vitality of the measure, originally applicable to all forms of bankruptcy available, is now uncertain and controversial under the new chapter proceedings. The confusion surrounding the six-year bar suggests the need for a fresh consideration of the purposes of the rule. This Note examines the bar's animating rationale and the status of the bar under the current Bankruptcy Code; it argues that Congress should precisely define the policy goals behind the bar and revise the measure to serve only those goals rather than a vague hostility toward multiple discharge.