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Newbie Question on 8 year rule between Chapter 7s
Not sure where you get any exception...I think that 11 U.S.C. 727(a)(8) is on point:
(a) The court shall grant the debtor a discharge, unless
(8) the debtor has been granted a discharge under this section, undersection 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;
then again...my case law is not what it should be.
>
> Are there exceptions ? I read the statute to suggest that a discharge is> discretionary if the 8 years have not lapsed.
>
>
> Arnold Hernandez
>
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Fri, July 23, 2010 2:04:05 PM
> Subject: RE: [cdcbaa] Newbie Question on 8 year rule between Chapter 7s
>
>
> That is correct. 8 years from filing to filing.
>
> Brand | Burris
> 3836 E. Anaheim St.
> Long Beach, CA 90804
> 562-438-7500
> 888-99-BKRPT (888-992-5778)
> www.brandburris. com
>
> ------------ --------
> This message originates from the law firm of Brand & Burris PC and may contain
> legally privileged and confidential information intended solely for the use of
> the addressee. If you are not the intended recipient and have received this
> message in error, please notify us at info@brandburris. com and delete this
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> From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of
> Stephen
> Sent: Friday, July 23, 2010 1:59 PM
> To: cdcbaa@yahoogroups. com
> Subject: [cdcbaa] Newbie Question on 8 year rule between Chapter 7s
>
>
> Dear List Mates:
>
> I read 727(a)8 as to mean that 8 years must have elapsed between the date of
> filing of the prior chapter 7 and the new chapter 7 filing...and NOT the date of
> discharge. The rule uses the verbiage "commencement" which seems fairly clear
> but I wanted to make sure...
>
> Thanks,
>
> Stephen Stern, Esq.
> Law Office of Stephen M. Stern, PLC
>
The post was migrated from Yahoo.
Are there exceptions ? I read the statute to suggest that a discharge is
discretionary if the 8 years have not lapsed.
Arnold Hernandez
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, July 23, 2010 2:04:05 PM
Subject: RE: [cdcbaa] Newbie Question on 8 year rule between Chapter 7s
That is correct. 8 years from filing to filing.
Brand | Burris
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandburris. com
This message originates from the law firm of Brand & Burris PC and may contain
legally privileged and confidential information intended solely for the use of
the addressee. If you are not the intended recipient and have received thismessage in error, please notify us at info@brandburris. com and delete thisemail from your system. Any unauthorized reading, distribution, copying, orother use of this email or its attachments is strictly prohibited.
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf OfStephen
Sent: Friday, July 23, 2010 1:59 PM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Newbie Question on 8 year rule between Chapter 7s
Dear List Mates:
I read 727(a)8 as to mean that 8 years must have elapsed between the date of
filing of the prior chapter 7 and the new chapter 7 filing...and NOT the date of
discharge. The rule uses the verbiage "commencement" which seems fairly clear
but I wanted to make sure...
Thanks,
Stephen Stern, Esq.
Law Office of Stephen M. Stern, PLC
Are there exceptions ? I read the statute to suggest that a discharge is discretionary if the 8 years have not lapsed. Arnold HernandezFrom: Donny Brand <dbrand@brandburris.com>To: cdcbaa@yahoogroups.comSent: Fri, July 23, 2010 2:04:05 PMSubject: RE: [cdcbaa]
Newbie Question on 8 year rule between Chapter 7s
That is correct. 8 years from filing to filing.
Brand | Burris
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandburris. com
------------ --------
This message originates from the law firm of Brand & Burris
PC and may contain legally privileged and confidential information intended
solely for the use of the addressee. If you are not the intended recipient and
have received this message in error, please notify us at info@brandburris. com
and delete this email from your system. Any unauthorized reading, distribution,
copying, or other use of this email or its attachments is strictly prohibited.
From:
cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Stephen
Sent: Friday, July 23, 2010 1:59 PM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Newbie Question on 8 year rule between Chapter 7s
Dear List Mates:
I read 727(a)8 as to mean that 8 years must have elapsed between the date of
filing of the prior chapter 7 and the new chapter 7 filing...and NOT the date
of discharge. The rule uses the verbiage "commencement" which seems
fairly clear but I wanted to make sure...
Thanks,
Stephen Stern, Esq.
Law Office of Stephen M. Stern, PLC
The post was migrated from Yahoo.
That is correct. 8 years from filing to filing.
Brand | Burris
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandburris.com
This message originates from the law firm of Brand & Burris PC and may
contain legally privileged and confidential information intended solely for
the use of the addressee. If you are not the intended recipient and have
received this message in error, please notify us at
info@brandburris.com and delete this email
from your system. Any unauthorized reading, distribution, copying, or other
use of this email or its attachments is strictly prohibited.
The post was migrated from Yahoo.
Dear List Mates:
I read 727(a)8 as to mean that 8 years must have elapsed between the date of filing of the prior chapter 7 and the new chapter 7 filing...and NOT the date of discharge. The rule uses the verbiage "commencement" which seems fairly clear but I wanted to make sure...
Thanks,
Stephen Stern, Esq.
Law Office of Stephen M. Stern, PLC
The post was migrated from Yahoo.