If Ihad a bankruptcy discharge 8 years ago, can I file a Chapter 7?

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If Ihad a bankruptcy discharge 8 years ago, can I file a Chapter 7?

Filed in 2002.

Asked on August 30, 2010 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Probably.  The rules are: (1) that a debtor cannot obtain a discharge in a Chapter 7 case if they obtained a discharge in a Chapter 7 case filed within the past 8 years, or a Chapter 13 case filed within the past 6 years; and (2) a debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in a Chapter 7 case filed within the past 4 years, or a Chapter 13 case filed within the past 2 years.

The time period is measured from the commencement date of the case, not the date of discharge.


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