How soon can I file Ch7 after Ch13 Discharge

What is the name of your state? New York
My husband and I filed Chapter 13 Bankruptcy in 1991. It was paid in full and discharged July 1998. When can I file Chapter 7 Bankruptcy?
Thank you

[Elmo-1]

If the filing date was 1991, you can file Ch 7 now. The law says you're prohibited from receiving a discharge under Chapter 7 if you received a discharge in a bankruptcy (any chapter) which was FILED within the last 6 years.

A discharge may still be granted if the prior bankruptcy was under Chapter 13 and paid at least 70% allowed unsecured claims and the plan was proposed in good faith and was the your best effort.

The time restriction doesn't apply if you're filing for Ch 13.

How could it have taken 7 years from filing to discharge?

[Ladynred]

SEVEN years for a Ch 13 ??? I thought the most they would go was five ??

Anyway, you should be able to file for Ch 7 now.

"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; "

I am guessing at the filing date of 1991 but I am sure it was discharged July 1998.
Thanks for the help

[Elmo-1]

If the discharge date was 1998, the latest file date would have been 3 years prior, or 1995 + 6 = 2001. You're OK to file.