Sometimes people who have filed for bankruptcy protection in the past can find themselves in situation where it would be to their benefit to file for bankruptcy again. For example, a person may have recently received a Chapter 7 discharge, but then incurred a tax debt that could be paid back through a Chapter 13 bankruptcy plan.
The general rule is that a Chapter 7 bankruptcy debtor who receives a discharge cannot receive another Chapter 7 bankruptcy discharge for 8 years. However, there are important exceptions to this general rule. In order to properly analyze your particular situation, you need to consult with an experienced Dayton bankruptcy attorney.
However, generally speaking, the Federal Bankruptcy Rules allow the following:
If it has been 8 years since a person received a discharge in any sort of bankruptcy case, he or she is free to file again for bankruptcy under any chapter (7, 11, 12 or 13).
If a person has received a chapter 7 discharge in a case filed within 8 years, then he or she cannot receive a discharge in a subsequent Chapter 7 Bankruptcy filed today. However, he or she could still file and receive bankruptcy protection. For example, that person could file a Chapter 13 bankruptcy, and would be eligible for a discharge if 4 years had past since the filing of the discharged Chapter 7 case. If 4 years had not yet passed, the person could file the Chapter 13, repay debt in the Chapter 13 plan, but would not be eligible for a discharge.
A person who filed a Chapter 13 and received a discharge, could file and receive a discharge in a Chapter 7 bankruptcy once 6 years has passed since the Chapter 13 filing. That person could file another Chapter 13 case, and receive a discharge, 2 years after the first Chapter 13 was filed (but again, that person could file for Chapter 13 bankruptcy protection before 2 years has passed, they would just not be eligible for a discharge).
To schedule a consultation with an experienced Dayton bankruptcy attorney at Helen Wallace, Attorney at Law today, click on the on the preceding link, send an e-mail to firstname.lastname@example.org or place a telephone call to (937) 654-6800.
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