Chapter 13 cannot be filed if the debtor received a discharge under Chapter 7 within four years. This restriction is within how many years?

Chapter 13 cannot be filed if the debtor received a discharge under Chapter 7 within four years. This restriction is within how many years?

• A. Two years
• B. Four years
• C. Six years
• D. Eight years

Answer: (B)

The time restriction focuses on eligibility for Chapter 13 based on a prior discharge. If the debtor received a Chapter 7 discharge within the last four years before filing Chapter 13, they cannot file Chapter 13. This four-year look-back helps prevent someone who has already been discharged under Chapter 7 from quickly cycling into Chapter 13 to avoid repayment. So the restriction is four years from the Chapter 7 discharge date (not the filing date). The other year options don’t match the statutory four-year limit.

The time restriction focuses on eligibility for Chapter 13 based on a prior discharge. If the debtor received a Chapter 7 discharge within the last four years before filing Chapter 13, they cannot file Chapter 13. This four-year look-back helps prevent someone who has already been discharged under Chapter 7 from quickly cycling into Chapter 13 to avoid repayment. So the restriction is four years from the Chapter 7 discharge date (not the filing date). The other year options don’t match the statutory four-year limit.