Legal Question in Bankruptcy in New Jersey

chapter 11 then 7

My husband and I filed Chapter 11 and have been through the court system and it is finally over and has been discharged. That was about2 1/2 years ago. My question is, can I personally (the wife) file now for Chapter 7?


Asked on 3/12/03, 9:49 am

1 Answer from Attorneys
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: chapter 11 then 7

Section 727 of the bankruptcy code provides that a debtor may receive a discharge under Chapter 7 unless the debtor has been granted a discharge under said section OR under Section 1141 (Chapter 11) in a case commenced within 6 years before the date of the filing of the petition. So, if you obtained a discharge under Chapter 11 in a case commenced within the past 6 years, then the answer would appear to be no.

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Answered on 3/12/03, 10:49 am


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