Newbie Question on 8 year rule between Chapter 7s
Posted: Mon Jul 26, 2010 4:36 pm
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
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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.