Kentucky Bankruptcy Law

Counsel with Care

I got a discharge in a Chapter 13, when can I file a Chapter 7?

This is the next installment in a series that began looking at the timing between subsequent Chapter 7s. There really is not a prohibition against filing; the prohibition is on receiving a discharge if filing within certain time frames.

If the preceding bankruptcy was a Chapter 13 (or Chapter 12), then you cannot receive a discharge in a subsequent Chapter 7 if the Chapter 7 was filed six (6) years or less of when the preceding bankruptcy was filed. SeeĀ 11 USC Sect. 727(a)(9). There are two exceptions: if there was 100% payment to unsecured claims in the Chapter 13 or if there was 70% repayment AND it was the Debtors’ best effort.

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October 22, 2012 - Posted by | Bankruptcy, Chapter 13, Chapter 7, Discharge, Planning, Pre-filing planning | , , , , , ,

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