Legal Question in Bankruptcy in South Carolina
filing chapter7
My question is. We filed chapter 13 june 1998. My question
is how long before you can file again? We are thinking about filing chapter 7 but are not sure we can.
Asked on 8/19/04, 10:44 pm
1 Answer from Attorneys
JACQUELINE MOSS
THE MOSS LAW FIRM
Re: filing chapter7
YOU CANNOT FILE FOR CHAPTER 7 IF YOU HAVE OBTAINED A DISCHARGE OF YOUR DEBTS UNDER CHAPTER 7 OR CHAPTER 13 IN A CASE BEGUN WITHIN THE PAST SIX YEARS. IF HOWEVER, YOU OBTAINED A CHAPTER 13 DISCHARGE IN GOOD FAITH AFTER PAYING AT LEAST 70% OF YOUR UNSECURED SEBTS, THE SIX YEAR BAR DOES NOT APPLY. THE SIX YEAR PERIOD RUNS FROM THE DATE YOU FILED FOR THE EARLIER BANKRUPTCY NOT THE DATE YOU RECEIVED YOUR DISCHARGE. CHAPTER 13 HAS NO SUCH RESTRICTION, YOU CAN FILE FOR IT AT ANY TIME
Answered on 8/20/04, 12:10 pm
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