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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can I file chapter 11 as an individual even though I filed

Customer Question

can I file chapter 11 as an individual even though I filed chapter 7 last year?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question.

Was your 7 discharged (completed) or dismissed (not completed)?
Customer: replied 4 years ago.

discharged so completed

Expert:  Roger replied 4 years ago.
Ok. Thanks.

If you received a Chapter 7 discharge within the past 8 years, then you cannot file for Chapter 11 until that time expires. See 11 §727(a)(8).

Thus, in your case, you can't file until the 8 years has elapsed since you received a discharge.