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Bankruptcy filing- what law states the time is counted from filing to filing not discharge to filing?

Discuss the legalities of Bankruptcy Law

Bankruptcy filing- what law states the time is counted from filing to filing not discharge to filing?

Postby shadrach » Fri Dec 16, 2011 1:06 pm

If a client files a chapter 13 bk in 2002 and converts it to a chapter 7 and is discharged in 2005, can they file another chapter 7 in 2011? What law clarifies this question?
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Bankruptcy filing- what law states the time is counted from filing to filing not discharge to filing?

Postby juanito » Fri Dec 16, 2011 1:15 pm

Yes, debtor is eligible for discharge. 11 USC 727(a)(8). Conversion is irrelevant; code refers to "case commenced within 8 years".

You say "client". I sincerely hope you are not an attorney. If you are an attorney and you don't know the answer to this question, and your only resource for answering this question is Yahoo Answers, then I have grave concerns about your ability to protect the interests of your client. Refer them out to someone that knows what they are doing, get yourself a mentor attorney, and join NACBA.
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Bankruptcy filing- what law states the time is counted from filing to filing not discharge to filing?

Postby fychan97 » Fri Dec 16, 2011 1:20 pm

You should call the Law Offices of Adam Gomerman. He is a bankruptcy lawyer focusing on chapter 13 law and chapter 7 law. You can contact him and find out more information here: http://www.libankruptcylawyer.com
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Bankruptcy filing- what law states the time is counted from filing to filing not discharge to filing?

Postby banys » Fri Dec 16, 2011 1:25 pm

I would visit http://diylegalinfo.com/bankruptcy_Links.html They have a lot of good legal advice on bankruptcy related questions.
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