Kentucky Bankruptcy Law

Counsel with Care

Never thought I’d be here again…

First, the vast majority of people who end up in such a bind that they must file bankruptcy to get a fresh start never face that dilemma again. However, there are some people who face a second filing (or a third). The bankruptcy reform enacted in 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), changed the rules on when that subsequent case can be filed. There are different rules depending on what the preceding and subsequent chapters were in the bankruptcies and these rules are found in different places of the code.

Actually, the code does not determine when one can file but when they will be eligible to receive a discharge based on the time between filings. This presents the possibility of filing bankruptcies where no discharge is expected.  If the preceding bankruptcy was a Chapter 7 (or Chapter 11), then you cannot receive a discharge in a subsequent Chapter 7 if it is filed eight (8) years or less from when the prior one was filed. The dates run from filing to filing. See 11 USC Sect. 727(a)(8).

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May 20, 2013 - Posted by | Bankruptcy, Chapter 7, Discharge | , , , , , , , ,

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