i am in a chapter 13 bankruptcy and i had a chapter 7 discharged in 2002. thats y i had to file a 13 chapter .

i was told that i wasnt able to file chapter 7 untill aug of 09 thats y we filed 13. can i now file chapter 7 ? my wife was collectin unemployment right after we were approved for 13 but now she has a job making less than what she made when we were approved . can we file chapter 7 now
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Answers (2)

D. Alexander Martin

D. Alexander Martin

Contributor Level 4
You can file a Chapter 7 only once every 8 years. It is measured from the date you file. So, for example, if you filed your prior Chapter 7 July 2002, you will not be eligible to file until August 2010.
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Stephen M. Dunne

Stephen M. Dunne

Contributor Level 4
According to section 727(a)(8) of the bankruptcy code, a person can file Chapter 7 again if it has been more than 8 years since he or she filed the previous Chapter 7 bankruptcy.

Bankruptcy Code:
§ 727. Discharge
(a) The court shall grant the debtor a discharge, unless—
(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

Take care and good luck.

Stephen M. Dunne, Esq.

Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com
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