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My husband filed a ch 13 in sept of 2001 which was converted to a ch 7 and discharged in 2005. Can he file a 7 now?

Tampa, FL |

Does the time between bankruptcies go from the filing date of the first or the discharge date?

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Attorney answers 3

Best Answer
Posted

The eight year prohibition runs from filing date to filing date.

The filing date of the converted Chapter 7 is the date that the Chapter 13, which was converted into a Chapter 7, was filed.

Which is a long way around of saying yes (assuming there are no other problems).

Posted

I don't think so. It was a Chapter 7 discharge and it was less than 8 years ago.

Posted

If your husband has received a discharge in a prior chapter 7 case, he must wait 8 years after the filing of the prior chapter 7 before he can file another chapter 7 case.

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