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Bankruptcy Law

• Chapter 7
• Chapter 13
• Cram Down
• Refinancing
• S. 61 Helping Families Save their Homes in Bankruptcy Act of 2009
• Meeting of Creditors
• Bankruptcy Basics Slideshow
• Prior Bankruptcy Discharge

• A debtor who has been granted a prior Chapter 7 discharge is disqualified from receiving a discharge in another chapter 7 case for a period of 8 years. The time of the prior Chapter 7 is measured from the filing date of the petition of the prior case.

• A debtor who was granted a prior chapter 13 discharge is disqualified from a chapter 7 discharge if the chapter 13 case was filed within the past 6 years, unless the unsecured creditors with allowed claims were paid in full, or payments made under the chapter 13 plan totaled at least 70 % of the allowed unsecured claims and the court finds that this result was the debtor's best effort and that the plan was proposed in good faith. 11 USC Section 727.

• A chapter 13 discharge may be obtained by a debtor who received a chapter 7 discharge within 8 years prior to filing, or who would not be granted a discharge due to some other provision in chapter 7. A chapter 13 discharge may be obtained by a debtor unless the debtor receieved a chapter 7 discharge in a case filed within 4 years before filing the new peition, or received a chapter 13 discharge in a case filed within 2 years before filing the new petition.