If you live in Georgia and are considering filing for Chapter 7 bankruptcy again, the timing rules are straightforward but depend on your history. Let me explain the legal specifics in plain English.
According to Federal Bankruptcy Code § 727(a)(8), individuals who previously received a Chapter 7 discharge must observe an eight-year waiting period from their initial filing before submitting a new Chapter 7 petition.
For those who previously went through Chapter 13, here’s the deal: you’ll generally need to wait six years from filing that Chapter 13 case. However, the law provides for certain exceptions to this rule. Specifically, if you managed to pay all your unsecured creditors in full during your Chapter 13 plan, you can file for Chapter 7 without waiting. The same applies if you paid at least 70% of these debts and can demonstrate you made your best effort to pay them back.
If your previous bankruptcy case got dismissed or thrown out without a discharge, that’s a different story. The waiting period might be shorter, though specific rules may apply to your situation. And here’s something important to note: if a court denies your discharge because they found evidence of fraud or misconduct, you’re looking at additional restrictions.
While talking about Georgia specifically, these rules come from federal law, so they’re the same everywhere in the country. Given all these technical requirements, you’d be wise to talk to a bankruptcy attorney before moving forward. They can ensure you’re eligible and help you avoid costly mistakes in the filing process.
