|
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.
Back to Frequently Asked Questions - Discharge
|