Chapter 7 serial filing -- 8 year rule and additional hardship

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Joined: Sun Oct 18, 2020 11:38 pm


Dear Listmates:
Client filed for Chapter 7 BK July 18, 2003 and was discharged 11/25/03. Client just had lung removed, can't work or pay bills. Code (727:18) states 8 years since commencement of prior case, which I would assume is the filing date - July 18, 2003. Code states that it "authorizes" denial of discharge which infers that it does not automatically deny a filing within the 8 years. My client is only a few months shy of the 8 year filing date but just had lung removed, can't work or pay bills. Is there a hardship exception prior to the 8 year rule?
Thanks,
Stephen M Stern, PC

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