Legal Question in Bankruptcy in Georgia
I filed chapter 7 bankruptcy 6 years ago in Ohio, I now live in Georgia, can I file again
3 Answers from Attorneys
One can only file chapter 7 every 8 years.
No. Chapter 7 cannot be filed until 8 years has elapsed from the last filing. You may however be eligible for chapter 13.
Actually the matter is addressed under 11 USC Section 727 which provides: (a) The court shall grant the debtor a discharge unless---...8. the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 341 or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition"....
It seems that you can file, but not secure a discharge. Perhaps it is intended to allow conversion to Chapter 13 when a Chapter 7 case is filed inadvertently within 8 years.
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