Bear in mind the previous highschool cheer: two, 4, six, eight, who can we recognize?
Seems, that’s not only a cheer, it’s shorthand for the rule on when you possibly can file chapter once more.
And it factors out that when you possibly can file once more is determined by what type of chapter you filed final time.
Right here’s the way it works.
If prior case was Chapter 13
You might be eligible to file one other Chapter 13 case TWO years from submitting an earlier Chapter 13. [ This had to be a drafting error since nearly all Chapter 13’s run at least three years. But I’ll take it.]
In the event you now need to file Chapter 7, it’s essential to wait SIX years.
If prior case was Chapter 7
You may file a Chapter 13 case FOUR years after an earlier Chapter 7.
However when you have your eye on Chapter 7, the wait is a whopping EIGHT years.
Put one other manner
Beginning with the type of case you filed earlier than, as we did above, is a method to have a look at eligibility.
However right here’s the way it appears to be like if you realize what sort of case fits your present scenario finest.
- To file Chapter 13, your prior Chapter 13 should be no less than TWO years in the past
- To file Chapter 13 when the sooner case was Chapter 7, the wait is FOUR years
- To file Chapter 7 with an previous Chapter 13 submitting, the wait is SIX years
- To file Chapter 7 following an earlier Chapter 7, EIGHT years should elapse.
Intervals between discharges
We’ve talked in regards to the time between circumstances, and actually glossed over the actual measurement.
The statutory intervals actually measure the time between circumstances by which a discharge is accessible. The 2, 4, six, eight rule limits when you possibly can file a brand new case by which you will get a discharge of your dischargeable money owed.
There are time when the discharge is much less vital than the automated keep. Most continuously, these are circumstances of “Chapter 20“, a Chapter 7 adopted instantly by a Chapter 13.
The debtor doesn’t get a discharge within the 13 following the 7, however they do get a keep of assortment motion and a court-enforced compensation plan.
Chapter 20 works effectively when the money owed that survived the Chapter 7 aren’t dischargeable anyway. These are occasions when the debtor actually simply wants time and house to repay the nondischargeable debt that’s left from the Chapter 7.
The Chapter Code limits the frequency of getting a discharge, not the submitting and completion of the chapter case.
Counting between chapter circumstances
It shouldn’t be sophisticated to rely to eight, however it CAN be complicated. The place do you begin counting?
Depend from the submitting of the primary case to the submitting of the second case.
And rely solely circumstances by which you bought a discharge. In case your earlier case was dismissed or concluded with out a discharge, it doesn’t rely.
So, let’s have a cheer for chapter reduction.
Extra
When chapter’s automated keep doesn’t apply
