Legal Question in Bankruptcy in North Carolina

Yes. There is a limitation, that is, you cannot receive a discharge in a Chapter 7 if you file the current case within 8 years of the filing of the first case. Thus all you need do is to wait until a full 8 years has passed from the first filing in order to be eligible for a full and complete discharge from the new unsecured loan. You should consult counsel to determine if this is the best way for you to go. By the way, for others who read this answer, one can file a subsequent Chapter 13 anytime without the delay. There are some limitations upon the imposition of the automatic stay in serial filings. Again, the particulars should be discussed with counsel.