Discharge In A Bankruptcy Proceedings

The Chapter 13 debtor is entitled to a discharge upon successful completion of all payments under the Chapter 13 plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for three to five years, a broader discharge is available under Chapter 13 than in a Chapter 7 case. A typical Chapter 7 case is opened and closed within three to six months, and the person filing emerges debt-free except for a mortgage, car payments, and certain types of debts that survive bankruptcy, such as student loans, recent taxes, and back child support.

Not everyone however gets a discharge in a bankruptcy proceedings. But that does not mean that you cannot try again. If you previously filed a Chapter 7 bankruptcy, you must wait eight years before filing again for a new Chapter 7 discharge. The eight years begins with the date of the initial filing, not the date of the initial discharge. If you previously filed a Chapter 13 bankruptcy, you may file a new Chapter 13 bankruptcy after as little as two years after the original petition was filed. If you previously filed a Chapter 7 bankruptcy, you are eligible to file for a new Chapter 13 bankruptcy after four years from the previous filing. If you previously filed a Chapter 13 bankruptcy, you must wait six years before filing a Chapter 7 bankruptcy.

We are based in Athens, GA (Georgia). We can help you file for bankruptcy if you are located in Athens, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, Piedmont Judicial Circuit, Northern Judicial Circuit and Athens-Clarke County.

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