A Bankruptcy and Debt Relief Lawyer and Attorney Andy Miofsky

2249 Pontoon Road, Granite City Illinois 62040

An Illinois Bankruptcy Lawyer and Attorney 618-931-1313 Offering Chapter 7 and Chapter 13 Bankruptcy Attorney information in Madison, St Clair & Southern Illinois counties

Discharge Deadline 2 4 6 8 Rule

Discharge date timeline:  This is what I call Andy Miofsky's 2468 Rule. It tells you how long you have to wait before you can get a second bankruptcy discharge between cases. It is really pretty simple, you count the date you filed the previous bankruptcy case and compare it to the date you intend to file the new case. Basically, you have to wait:

                    2 years between chapter 13 cases - See 11 U.S.C. 1328(f)(2)

                    4 years between an old chapter 7 and a new chapter 13      - See 11 U.S.C. 1328(f)(1)

                    6 years between an old chapter 13 and a new chapter 7        - See 11 U.S.C. 727(a)(9)

                    8 years between chapter 7 cases             - See 11 U.S.C. 727(a)(8)

In a special situation that applies in the Southern District of Illinois bankruptcy courts, an original case that started out as a chapter 13 case that later converted from chapter 13 to chapter 7 uses the filing date of the original chapter 13 case, but then treats the original chapter 13 as a chapter 7 for purposes of computing the discharge deadline if debtor seeks a chapter 7 discharge in that converted case. The case decision is In re Ybarra, a 2007 SDIL case decided by the Honorable Kenneth Meyers.
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