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Discharge FAQ #5

   

CAN A DEBTOR RECEIVE A SECOND DISCHARGE IN A LATER CHAPTER 7 CASE?

You will be denied a discharge in subsequent chapter 7 case if the you received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the subsequent petition is filed. You will also be denied a chapter 7 discharge if you previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless (1) you paid all “allowed unsecured” claims in the earlier case in full, or (2) you made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and your plan was proposed in good faith and the payments represented your best effort. You are ineligible for discharge under chapter 13 if you received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

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