Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello,"Congress has expressly prohibited various forms of serial filings. See, e. g.,...§ 727(a)(8) (no Chapter 7 filing within [eight] years [amended -- BPCPA] of a Chapter 7 or Chapter 11 filing)...." Johnson v. Home State Bank, 501 U.S. 78, 87 (1991). I have spent about 40 minutes on Westlaw®, looking for case law that would provide an exception to the rule, and I find none. The only option would be to file for Chapter 13, and then request a "hardship discharge," under Bankr. Code 1328(b). A hardship discharge is approximately the same as a Chapter 7, but requires that you satisfy the court that you have met the statutory requirements. Please let me know if my answer is helpful, or if I can provide further clarification or assistance.
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