Chapter 7 cannot be filed if the debtor received a discharge under Chapter 7 or Chapter 11 within how many years?

Chapter 7 cannot be filed if the debtor received a discharge under Chapter 7 or Chapter 11 within how many years?

• A. Six years
• B. Eight years
• C. Ten years
• D. Twelve years

Answer: (B)

Eight years. The law blocks a new Chapter 7 discharge if the debtor has already received a discharge under Chapter 7 or Chapter 11 within the previous eight years. This waiting period runs from the date of the prior discharge to the filing date of the new case. The rule exists to prevent repeated, short-term use of bankruptcy and to ensure a meaningful period passes before a second discharge is granted. If a Chapter 7 case is filed within eight years of a prior discharge, the court cannot grant a Chapter 7 discharge in the new case, though the case itself can still proceed.

Eight years. The law blocks a new Chapter 7 discharge if the debtor has already received a discharge under Chapter 7 or Chapter 11 within the previous eight years. This waiting period runs from the date of the prior discharge to the filing date of the new case. The rule exists to prevent repeated, short-term use of bankruptcy and to ensure a meaningful period passes before a second discharge is granted. If a Chapter 7 case is filed within eight years of a prior discharge, the court cannot grant a Chapter 7 discharge in the new case, though the case itself can still proceed.