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?

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How Do I Cancel a Bankruptcy Filing?

Assuming that the Bankruptcy case has not yet been completed and discharged, a person may file a “motion to dismiss.” There is no official form for this motion; rather, simply submit a statement to the District Bankruptcy Court indicating that you wish to dismiss your case, along with a brief statement as to the reasons … Read more