[CLBS] Section 727(a)8

[Randal French]

Good question.  523(a)(10) seems to address this, making non-dischargeable under 523(a)(10) debts from a prior case in which the debtor was denied a discharge under 727(a)(2)-(7), but not (8)-(12).

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Bruce M. Perry
Sent: Friday, May 31, 2013 10:12 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Section 727(a)8


Dear Listmates,

 

Section 727(a)8 provides that a debtor will not receive a discharge in a case filed within 8 years of the filing of a prior case in which the debtor was granted a discharge.  Does that mean the debts are forever non-dischargeable?  For example, can the case be dismissed and refilled if the 8 years has now run?  If the case is not dismissed but proceeds and is closed with no discharge, can a new case then be filed with the same debts listed and will a discharge then be available?  Does the pendency of the bankruptcy case toll the running of the 8 year period?  Any guidance you can provide will be appreciated.  Thanks. 

 

Bruce M. Perry

 

Integra Law Group 

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