Prior Chapter 7 Discharge
A debtor is not entitled to a chapter 7 discharge, if he has received a chapter 7 discharge of a prior chapter 7 case that was filed less than 8 years before the filing of the subsequent case. The time is measured from the date on which the prior case was filed with court to the date of the filing of the subsequent case, and not the discharge date of the prior case.
A debtor is not entitled to a chapter 7 discharge if the debtor received a chapter 13 discharge within 6 years, from the filing of the prior chapter 13 case. In other words, to obtain a discharge, the subsequent chapter 7 must have been filed 6 years after the filing of the prior chapter 13 case. However, the exception to the six year time period rule is applicable if the following criteria was met in the prior chapter 13 case:
1. the debtor paid 100% of the allowed unsecured claims; or
2. the debtor paid 70% of the allowed unsecured claims, the debtor’s plan was proposed in good faith, and the debtor applied his best effort to pay the unsecured debt.
Robert Manchel, a NJ bankruptcy attorney, can be contacted at 1 (866) 503-5655 to discuss your options for bankruptcy protection.