Legal Question in Bankruptcy in California

what is the length between bankruptcy

we filed ch 13 in 99' discharged in 03' but now my husband wants a divorce and i dont have any options


Asked on 1/01/07, 11:09 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: what is the length between bankruptcy

A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.

A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.

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Answered on 1/01/07, 1:27 pm


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