Time Between Filings?

[cso5@]

I am asking this question on behalf of my mother.

She filed a Ch 7 in Dec 1999.

With the new law, if she needed to file again, she'd have to wait until Dec 2007, is that right? to file a Ch 7 again?

But if she needed to file a Ch 13, she could do that anytime?

My dad died, and she never really got the idea of living within her new lower means......

My adult brother lives with her. He works and such, but doesn't pay rent. (He pays for other stuff -- I mean, she can't show "rent receipts" and he can't show "rent payments" from any financial records they have). Are they considered a 2 income household or 1? He's 28.

If it's considered one income, she is below the median. If two, they jointly are not.

Thanks for any help.

cso5

[9877donna]

I am asking this question on behalf of my mother.

She filed a Ch 7 in Dec 1999.

With the new law, if she needed to file again, she'd have to wait until Dec 2007, is that right? to file a Ch 7 again?

But if she needed to file a Ch 13, she could do that anytime?

My dad died, and she never really got the idea of living within her new lower means......

My adult brother lives with her. He works and such, but doesn't pay rent. (He pays for other stuff -- I mean, she can't show "rent receipts" and he can't show "rent payments" from any financial records they have). Are they considered a 2 income household or 1? He's 28.

If it's considered one income, she is below the median. If two, they jointly are not.

Thanks for any help.

cso5

I think for filing BK again it's from the date she was 'discharged' not the date she filed.
Someone please correct me if I'm wrong.
Donna

[HHM]

Correct, your mother can file a chapter 13 whenever she wants. However, it appears to be the date of filing that is the operative date for timing refiles. The section of the BK code is 727(a)(8). That section uses the word, "commenced". i.e. (paraphrasing) a Debtor shall be granted a discharge unless the debtor has been previously granted a discharge under this title in a case "commenced" within 8 years before the date of filing the petition.

What I am not sure about is whether, because her prior case was under the old law, if she only needs to wait 6 years, or if the new law covers all prior filings for the purpose of refile, and therefore, she must wait 8 years. My instinct is, your mother would have to wait 8 years from the date she "filed" here prior petition. But, you will ultimately want to talk to a lawyer.