A: Under the new code, a debtor may file a chapter 7 once every 8 years, or a chapter 13 once every 2 years. The Court's have interpreted the "date of filing" as the correct point in which to measure eligibility. If a debtor filed a chapter 7, he may file a chapter 13 and receive a discharge in as little as 4 years. If a debtor filed a chapter 13 previously, and now wishes to file a chapter 7, he may do so in 6 years. Again, these dates are measure from the filing date of your previous petition.
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