Timing betweeen filings

[frmrdwn]

Okay, I have talked with four different attorneys and we have a split decision. I am in OR if it matters.

How long between ch. 7 filings? Is it from the date of filing (what I hope, and what 2 of the attorneys say).

Or, is it from date of discharge (a longer wait and what the other 2 attorneys say).

I have checked several links including ask methner, and they differ too. Methner says technically it's the discharge date, but people have been know to use the date of discharge. Wahoo, no real answer there.

It's a big deal in terms of wait time (60 days) and I don't know how long i can keep creditors at bay.

Second timer, do you know? Anyone else in a similar position?

[HHM]

It's filing date to filing date.

See this blog entry

http://askmethner.com/?p=556

According to this askmethner post, its filing date to filing date. What Askmethner post says it is discharge?

[justbroke]

How long between ch. 7 filings? Is it from the date of filing (what I hope, and what 2 of the attorneys say).

While the Bankrutpcy Code istelf (11 USC 727) doesn't explicitly state which date is the one to use, the majority view is that it is the date of filing. This has been well litigated and is the standard. However, some attorneys and Districts may still be thinking it's the discharge date that is controlling.

It is obvious to me that it's the date your filed and not the discharge date. However, there are those who still argue that it's the discharge date. The code reads "in a case commenced within 8 years before the date of the filing of the petition" (11 USC 727(8)). To me, commencement means beginning, not "end" (or discharge) as some would like you to believe. Also, they say "filing of the petition" which also doesn't mean discharge. It's commencement of the preceding case to the "filing" of the new case... if you can read English and don't want to legislate from the Bench.

[OhioFiler]

While the Bankrutpcy Code istelf (11 USC 727) doesn't explicitly state which date is the one to use, the majority view is that it is the date of filing. This has been well litigated and is the standard. However, some attorneys and Districts may still be thinking it's the discharge date that is controlling.

It is obvious to me that it's the date your filed and not the discharge date. However, there are those who still argue that it's the discharge date. The code reads "in a case commenced within 8 years before the date of the filing of the petition" (11 USC 727(8)). To me, commencement means beginning, not "end" (or discharge) as some would like you to believe. Also, they say "filing of the petition" which also doesn't mean discharge. It's commencement of the preceding case to the "filing" of the new case... if you can read English and don't want to legislate from the Bench.

THAT is funny!

[justbroke]

THAT is funny!

Well, some of this interpretation stuff gets my goat... and this one surely has me... in a mood today.

So much misinformation on the Internet. Wait... I'm on the Internet. Nevermind.

[OhioFiler]

Well, some of this interpretation stuff gets my goat... and this one surely has me... in a mood today.

So much misinformation on the Internet. Wait... I'm on the Internet. Nevermind.

Now that you're a self-educated self-described law geek you're going to be "in a mood" often!

[frmrdwn]

It's filing date to filing date.

See this blog entry

http://askmethner.com/?p=556

According to this askmethner post, its filing date to filing date. What Askmethner post says it is discharge?

I misinterpreted the first paragraph as saying you can file whenever you want, but if the 2nd filing is attempted to be discharged prior to the 8 year anniversary of the first, you won't be in the clear. It doesn't say that. My head said that.

Filing date to filing date. Thanks.

[HHM]

I misinterpreted the first paragraph as saying you can file whenever you want, but if the 2nd filing is attempted to be discharged prior to the 8 year anniversary of the first, you won't be in the clear. It doesn't say that. My head said that.

Filing date to filing date. Thanks.

LOL, I think the attorney was being a bit coy in the 1st paragraph. He was merely drawing out the point that, technically, you can "file" a BK at any time. But in the 2nd paragraph, he clarifies that it is filing date to filing date as far as being able to receive a discharge in the 2nd BK.