well, the general govern, based on statutes ( 11 US Code Section 727 ), indicates that if you file a chapter 7, you can not receive a fire in another chapter 7 for eight years from the file date of that previous chapter 7. There are besides instances where person may have filed a chapter 7 and wants to file a chapter 13. And 11 US Code 1328 stands for that you can not discharge any debts you don ’ thyroxine give in a chapter 13 unless it has been over four years from the date you filed that chapter 7 previously. sol to recap, if you ’ re going from 7 to 7, you have to wait eight years from the file go steady of that former 7 before you can get a fire in the most late or subsequent 7. If you ’ re going from Chapter 7 and looking to file a chapter 13, you have to wait at least 4 years from the date you filed the first chapter 7.

nowadays there are different rules if you ’ re going from a 13 bankruptcy–was your beginning case–to a 7 bankruptcy, all right ? so where person files a chapter 13 and receives a dismissal, they have to wait six years from the date of filing that 13 before they can get a drop in a subsequent 7. now there is an exception to that convention : If you were to pay at least 70 % of your general unbarred debt in that foremost chapter 13 and the design was proposed in good faith–which means that you did your best in making your payments under that plan and proposing a fair plan to your creditors–then you can get a discharge less than six years from the date of the filing of the 7.

besides, if you were to pay 100 % of your creditors in that first 13, the former 13, you would besides qualify for a drop in a 7 before that six years. There ’ mho besides the case where person may complete a chapter 13 bankruptcy and want to file another chapter 13 for some cause. Well that rule is a biennial limit on receiving a exhaust in a subsequent 13.

There is some case law that is kind of bubbling up around districts in the area that are trying to, that were trying to change whether it was from the file go steady or the fire date of the case that was filed, but none of that has gotten any grip. So for now, the law is it starts with the file date of your lawsuit. So the most common one is probably where you ’ re waiting to file another chapter 7, and that starts from the file date of the original chapter 7. You have to wait eight years from that file date before you can receive a exhaust in a subsequent chapter 7.

If you want more information about bankruptcy, feel release contact one of our offices. We have seven attorneys in our offices around Middle Tennessee. We have offices in Nashville, Columbia, and Murfreesboro. Or you can visit our web site, if you ’ rhenium concerned in receiving a booklet on bankruptcy ( Chapter 7 or Chapter 13 ). You can visit our web site at www.flexerlaw.com. Thank you for listening, and I ’ ll see you in future videos.

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Category : Finance