Legal Question in Bankruptcy in Texas

My husband and I filed Chapter 7 in Aug. of 2003, was discharged in Jan. of 2004. We just filed another Chapter 7 Mar. 2010 ,it was ready to discharge but a US Court person called our lawyer and says we must agree to dismiss and refile after it has been 8 yrs. since the last chaper 7. want to know if we must wait since the 2005 changes were after we had filed and discharged the first case, and if we do have to wait is it 8 Yrs. from the file date or discharge of the first chapter 7?


Asked on 5/25/10, 2:34 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

From the website of the U.S. Federal Courts:

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

It appears that the new law did not grandfather cases filed under the old law. You must wait 8 years from the August 2003 filing date. Consult your attorney to verify this.

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Answered on 5/26/10, 10:11 am


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