If a bankruptcy was discharged in June 1999 must you wait 6 years from the discharge date or 6 years from the original file date?

Answer 1

I disagree with Nikki. My reading of the Bankruptcy Code indicates that you can file a new Chapter 7 six years after the FILING date of the prior case. 11 U.S.C. 727 (of the Bankruptcy Code) states that a person cannot file a Chapter 7 if "(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 six years before the date of the filing of the petition; [or] (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, unless payments under the plan in such case totaled at least- (A) 100 percent of the allowed unsecured claims in such case; or (B) (i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort...." Since the Bankruptcy Code says you have to wait six years from when the prior case was COMMENCED rather than when it was COMPLETED, this implies the filing date rather than the discharge date is the operative date from which the six years runs.

Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Six years from the actual discharge date of the BK.