What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
The discharge in a chapter 7 case only covers the debts that were incurred before the case was filed. The bills that a debtor incurs after the case is filed are not discharged. The hope is that, after their old debts are canceled by the discharge, debtors will be able to pay their new obligations as they become due. But unexpected circumstances, such as illness or loss of employment, may again put debtors in a situation where they cannot pay their bills. In this situation, a debtor could file another chapter 7 case, but there might not be a right to discharge. After a debtor receives a discharge in a chapter 7 case, the debtor only has the right to receive a discharge in a later chapter 7 case if the later case is filed at least eightyears after the first case was filed. However, even during this eight-year “waiting” period, debtors may still be able to obtain relief in chapter 13. You may be able to get a discharge in chapter 13 if you file the case more than 4 years after you obtaine
The discharge in a chapter 7 case only covers the debts that were incurred before the case was filed. The bills that a debtor incurs after the case is filed are not discharged. The hope is that, after their old debts are canceled by the discharge, debtors will be able to pay their new obligations as they become due. But unexpected circumstances, such as illness or loss of employment, may again put debtors in a situation where they cannot pay their bills. In this situation, a debtor could file another chapter 7 case, but there might not be a right to discharge. After a debtor receives a discharge in a chapter 7 case, the debtor only has the right to receive a discharge in a later chapter 7 case if the later case is filed at least six years after the first case was filed. However, even during this six-year waiting period, debtors may still be able to obtain relief in chapter 13.
Related Questions
- What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
- What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcycase be filed?
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