Time Between Discharges

Time between discharges is the period between a prior discharge received in a Chapter 7 filing and the current filing.  The time period is calculated from the date of filing the previous case and the filing of the current case.

Discharge is not granted in the second Chapter 7 case if in the prior Chapter 7 or Chapter 11 case, the debtor had received a discharge and it was filed within eight years of the current case’s filing date.  A discharge is also denied in a Chapter 7 case, if the debtor received a discharge in a prior Chapter 12 or 13 case which was filed within six years of the current case’s filing date.  However, a discharge may be granted in a later Chapter 7 case if it is found:

  • That all the allowed unsecured claims in the prior case were paid off by the debtor,

or

  • That 70 percent of the allowed unsecured claims in the prior case was paid off by the debtor based on the proposed plan, and that the debtor proposed the plan in good faith, and that best efforts were made by the debtor in paying off the prior debt.

US Bankruptcy Court on Discharge


Inside Time Between Discharges