Can a Debtor Receive a Second Discharge in a Later Chapter 7 Case?

You will be deprived of a discharge in subsequent chapter 7 case if the you received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the subsequent petition is filed. You will also be denied a chapter 7 discharge if you formerly received a discharge in a chapter 12 or chapter 13 case filed within 6 years before the date of the filing of the second case unless (1) you paid all “allowed unsecured” claims in the earlier case in full, or (2) you made payments under the plan in the past case totaling at least 70 percent of the permitted unsecured claims and your plan was proposed in good faith and the payments presented your best effort. You are not entitled for discharge under chapter 13 if you received a prior discharge in a chapter 7, 11, or 12 case filed 4years previous to the current case or in a chapter 13 case filed 2 years previous to the current case.

Go Back To FAQ

Fill out the form below for a free bankruptcy case evaluation right now.

rss feed

bankruptcy alternative Totally Eliminate Your Debt Without Going Bankrupt! It's easy if you have the right information available.