Q: I filed chapter 13 in 2012. it was converted to chapter 7 in 2014. I have financial issues again and am exploring option
My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking money from savings every month. I'm located in middle district of PA. I rent, own no property and only secured debt is 2 cars.
Followup question for Atty Winterstein: Thank you. Would I be eligible for Chapter 13 since it's 6 years since I filed the original Chapter 13?
A: Interesting question.
Section 727 of the Bankruptcy Code provides--
(a) The court shall grant the debtor a discharge, unless--
(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;
(9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, . . .
The date of entry of the discharge appears to control "the clock". As your Ch. 7 discharge was granted in 2014, it appears that you are not eligible for another for 8 years from that date.
I practice mostly in the Eastern District of PA, and the US Trustee/Bankruptcy Court in the MD may interpret the "clock" differently. Of course, your prior bankruptcy case must be disclosed in any new filing.
Bruce Alexander Minnick agrees with this answer
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