When Can You file Chapter 7 again ?

[lillywa1]

I have been told some mixed information so was hoping anyone out there could set the record straight !

Husband Filed Chapter 7 10/3/2003.... Discharged 1/24/2004.

due to unforseen circumstances,,,, myself and husband will be having to file Chapter 7 again.

What is the timetable to file again ? I know its 8 yrs. But is that 8 yrs from your last FILING DATE or Last DISCHARGE DATE ? Thank You for your feeback !

[scorpion35]

unforseen circumstances huh?

[carlsbadmike]

It's 8 yrs from last discharge date.

[despritfreya]

11 USC 727(a) states:

"The court shall grant the debtor a discharge unless. . .

(8) the debtor has been granted a discharge under this section . . . in a case commenced within 8 years before the date of the filing of the petition. . "

(Emphasis added.)

_____________________________

You must wait 8 years from the DATE of the filing of the prior Chapter 7.

Des.

[BKParalegal]

Now if you are in dire need to file BK now, you can a "Chapter 20" that is where you file a chapter 13 now and when you can qualify for a chapter 7 then you dismiss the 13 and file the 7.

Good luck

[lillywa1]

Yes - if you need me to elaborate,,,,, its called losing your job !