Q: I had a chapter 7 discharge three years ago. I’m currently in a chapter 13 plan.
I’m having health issues that may cause me to have to quit my job and start disability. This would make it impossible for me to pay my chapter 13 plan and afford to live. Would I be eligible for some type of hardship discharge even though it’s only been 3 years since my chapter 7 discharge if I have to go on disability and can’t afford payments?
A: The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case.
Talk to a local bankruptcy attorney so you can get accurate dates and an expert opinion on what judges in your district are looking for in a motion for a hardship discharge. This lawyer can also make suggestions about how to keep yourself safe from creditors if you need to dismiss the current case and wait until you're eligible for a new Ch. 7.
Bruce Alexander Minnick agrees with this answer
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