Chapter 7 serial filing -- 8 year rule and additional har=
Posted: Tue May 03, 2011 1:25 pm
727 states "The court shall grant the discharge, unless -...(8) the debtorhas
been granted a discharge ... in a case commenced with 8 years of the filing of
the petition."
Nojudicial discretion in this language.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, May 3, 2011 1:09:52 PM
Subject: [cdcbaa] Chapter 7 serial filing -- 8 year rule and additional hardship
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
727 states "The court shall grant the discharge, unless - ... (8) the debtor has been granted a discharge ... in a case commenced with 8 years of the filing of the petition."
No judicial discretion in this language.
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Stephen <legalsos4u@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tue, May 3, 2011 1:09:52 PMSubject: [cdcbaa] Chapter 7 serial filing -- 8 year rule and additional hardship
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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