Chapter 7 Question
I know that you can file Chapter 7 after six years from the first....my question is..is it six years from the date of filing or from the date of discharge? I am in the state of Alabama.
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Date of filing. The relavent statute is 11 USC 727(9), and states "The debtor has not been granted a discharge...in a case "commenced" within six years before the date of filing of the petition."
Incidently, this is an interesting legal technicality. Actually, you can "FILE" a BK case anytime you want. However, the 6 year limitation determines whether you can receive a "discharge" of your BK. For all intents and purposes, that means you should not file a chapter 7 but once every six years because to do otherwise, you will not receive a discharge. However, legally, you can file a BK case as often as you like.
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