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Is the 8-Years-Between-Bankruptcies Rule Based on the Filing Date or the Discharge Date?

Before filing for a second Chapter 7 bankruptcy case, a debtor must wait eight (8) years after filing the first case in which a discharge was granted.

But in some cases there can be a significant amount of time that passes between the original filing and the date the Bankruptcy is officially discharged by the Trustee. So which date is used as the starting date for the implementation of the 8-year rule, should a person needs to file a second bankruptcy proceeding?

It is the FILING date that controls the start of the 8-year span, not the dates of discharge. Thus, a person must look at the date of the original filing of his or her Bankruptcy case (not the date it was converted for discharge) to determine whether the 8 year period has elapsed, to ensure the proper filing of a second bankruptcy proceeding.

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Bankruptcy Questions  ·  January 5th, 2010

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