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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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If i filed chapter 7 in Aug. of 2005 but it was not discharged

Customer Question

If i filed chapter 7 in Aug. of 2005 but it was not discharged until Jan 06, when can I file again? Do I fall into the new laws since I filed before the change?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.
Hi JACustomer,
The new Bankruptcy rules apply to all Bankruptcies that are filed after October 2005. The new rule states you cannot get another discharge of your debts if your Bankrutpcy case is filed less than 8 years after a prior one was discharged. Bankruptcy Stat. 727.
In other words, you would have to wait until January 2014 to file another Chapter 7 Bankruptcy.

I think this is what you wanted to know. If not, please let me know.
Thank you!
Customer: replied 3 years ago.
Well I filed in Aug of 05 but it wasn't discharged until Jan 06, so if I filed in Aug do I fall under the old rules? I'm not sure you understood my question, I filed before oct so are you saying I still have to wait until 2014?
Expert:  cfortunato replied 3 years ago.

Yes - I do understand your question, especially since it is a common question. The new rules apply to all cases filed after October 2005.

You cannot file another Chapter 7 now because you would be filing after October 2005. You have to wait until January 2014.

Customer: replied 3 years ago.
My case was not filed after October of 05, it was Discharged after October. I have found your answer to be a waste of my money.
Expert:  cfortunato replied 3 years ago.

Your prior case was filed before October 2005, and was therefore subject to pre-2005 rules.
The pre-2005 rules do not affect any cases filed after October 2005. This is why you cannot file another case until January 2014 (because a new case would be filed after October 2005, and therefore not subject to the pre-2005 rules.)

The 8-year rule applies to all cases filed after October 2005, not to your prior case. The 8-year rule is counted back from the date a new case is filed, the pre-2005 rule is not counted forward from the time the prior case is filed or discharged.

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