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Chapter 7 serial filing -- 8 year rule and additional
What's the harm in waiting?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Stephen
Sent: Tuesday, May 03, 2011 1:10 PM
To: cdcbaa@yahoogroups.com
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
Message
What's the harm inwaiting?
David A.
Tilem
Certified Bankruptcy
Specialist*
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