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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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my wife and i had a cleared chater7 on march7,2003 and now

Resolved Question:

my wife and i had a cleared chater7 on march7,2003 and now are going to be divorced and the awyer says it is 8 years and will have to file chapter 13 are we grandfathered in because it was in 2003
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi msaint,
Customer: replied 7 years ago.
no
Expert:  cfortunato replied 7 years ago.
Hi msain,
Even though you filed before the extensive 2005 changes, you still have to wait 8 years to file another Chapter 7.
However, the 8 years is measured from the date you actually filed the petition, not the date of discharge.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you