bankruptcy

What is the name of your state? louisiana
can u file for a bankruptcy even if u had one less than seven years ago and have been discharged Reason being my daughter has been in hospital for almost a year and the medical bills are destroying me

[AttorneyOney]

The code forbids someone from getting a discharge under ch. 7 in a case commenced sooner than six years after the COMMENCEMENT of a prior ch. 7 case in which he got a discharge. The interplay of various rules can, however, be very complex. (See paragraphs 727(a)(8) and (9) and section 348 of the Bankruptcy Code.)

Ex. 1: Fred filed under ch. 7 on 7/1/99. Discharge entered on 10/15/99. Fred can FILE under ch. 7 at any time, but can't get a discharge in a 7 filed sooner than 7/1/05.

Ex. 2: Same facts; Fred can file under 13 at any time. If he does so prior to 7/1/05 and then converts to 7, he can't get a discharge.

Ex. 3: Fred filed under ch. 13 on 7/1/99. Plan paid unsecured creditors 70%, was filed in good faith, and was Fred's best effort. It was completed on 3/1/04. Fred can file under 7 at any time thereafter.

Ex. 4: Same facts, except that plan paid unsecured creditors just 69%. Fred must wait until 7/1/05 to file a new 7 in which he might obtain a discharge.

Ex. 5: Fred filed under 13 on 7/1/99, converted to 7 on 3/1/02 and got a discharge on 6/1/02. Fred can file a new 7 and get a discharge on or after 7/1/05 because conversion of the previous 13 does not change the relevant date of commencement.

Ex. 6: Fred filed under 13 on 7/1/99 and received a hardship discharge on 3/1/04 after paying unsecured creditors just 10%. Fred must wait until 7/1/05 to file a 7 in which he might obtain a discharge.