Legal Question in Bankruptcy in New Jersey

I hope someone can help me

I just want to know if it is possible to file bankruptcy for the second time without waiting 6 years in between? I filed my first claim in May 1998 and received my discharge in September 1998. So I am only going into my 5th year since I filed and I was just curious to know if there was any way around the 6 year wait and if so what are the chances of receiving another discharge.


Asked on 11/07/02, 11:23 am

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

Re: I hope someone can help me

You may not receive a discharge under Chapter 7 of the Bankruptcy Code if you have received a discharge under Chapter 7 or 11 in a case commenced within 6 years before the filing date of the petition. The information you have provided indicates that you are within 6 years of the commencement of what I gather was a Chapter 7 filing by you. You might look into whether a Chapter 13 filing is appropriate for you, however, since a discharge under that chapter is not subject to the same 6 year time period as set forth in Section 727 of the Code.

Read more
Answered on 11/07/02, 11:35 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New Jersey