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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37830
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I filed for chapter 7 on 11/03/06. I want to file chapter 7

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I filed for chapter 7 on 11/03/06. I want to file chapter 7 again right now. I know that the law prohibits a second discharge in cases that are filed within eight years of one another, but I cannot wait until 11/03/14 to file my new 7, and I want to file 7 and not 13. Can I file a new 7 now, even though I will not be eligible for a discharge on the new case? My intention would be to hold the case open until 11/03/14 and then? (I don't know what?)
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 3 years ago.


"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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