In a nutshell, the time frames between discharge eligibility are as follows:
8 years between 7s. -727(a)(8)
2 years between 13s. -1328(f)(2)
4 years between a 7 and 13 -1328(f)(1)
6 years between a 13 and 7(if under 70% plan). -727(a)(9)
The time is counted from filing to filing - not from first discharge to second filing.
So, you are saying he is incorrect and we should be eligible for a Discharge now because it has been four years between the FILING of each case.
What if it is short of the four years by only a few days? I think we filed the Chapter 7 on 2/12/05 and the new Chapter 13 was filed on 2/11/09. Short by just a day or so I think.
Does that matter?
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