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Discharge Calculations under BAPCPA

Source: Robert C. Meyer, P.A.; Miami

In the table below, Meyer provides in his words a "better-than-nothing-at-all chart to show the different choices afforded to previously-filed clients."

SYNOPSIS	File?	Discharge CH 7	Discharge CH 13	Comments
Ch 7 w/n 180 days and DISMISSED	NO	No - §109(g)	No - §109(g)	The dismissal has to be either: (1) willful failure to abide court orders, or(2) voluntarily dismissed after stay relief requested.
CH 7 w/n 180 days and DISCHARGED	YES	No - §727(a)(8)	No - §1328(f)(1)	Gives the client time to gather retainer.
Ch 7 181 days to 2 years and DISCHARGED	YES	No - §727(a)(8)	No - §1328(f)(1)	Rule of thumb - if less than years, bankruptcy is not for discharge, but may be used for right to reinstate mortgage and obtain stay.
Ch 7 or 11 w/n 2-4 years and DISCHARGED	YES	No - §727(a)(8)²	NO - §1328(f)(1)³	In Ch 13, the 2 years is measured from filing date of old case to filing date of new case.
Ch 7 or 11 w/n 4+ to 8 years and DISCHARGED	YES	NO - §727(a)(8)	YES - §1328(f)(1)	In Ch 13, filing to filing is measurement.
Ch 7 or 11 more than 8 years and DISCHARGED	YES	YES - §727(a)(8)	YES - §1328(f)(1)	Discharged from old case to date of filing new case must be 8 years under §727(a)(8).
Ch 12 or 13 w/n 180 days and DISMISSED	NO	NO - §109(g)	NO - §109(g)	The dismissal has to be either: (1) willful failure to abide court orders, or (2) voluntarily dismissed after stay relief requested.
Ch 12 or 13 181 days to 2 years	YES	NO - §727(a)(9)⁴	NO - §1328(f)(2)	Still can file - but no discharge. Use to save the house or more importantly obtain a stay - but know the exceptions to the stay rule!
Ch 12 or 13 2+ to w/n 6 years	YES	NO - §727(a)(9)⁵	YES - §1328(f)(2)	Looks like 13 is the only chapter to think about.
Ch 12 or 13 6-8 years	YES	YES - §727(a)(9)⁶	YES - §1328(f)(2)	Again, measurement is from date of discharge of old case to filing date of new case - if you are thinking of a chapter 7. Chapter 13 only looks from filing date of old case to filing date of new case.

² If you are thinking of filing a chapter 11 to get around this, §1141(d)(3)(C) states that the rules for chapter 7 apply to chapter 11. Hence, there is no loophole.
³ But if you pay 100 Percent, the issue is moot.
⁴ Unless 100 Percent plan (§727(a)(9)(A)).
⁵ Unless 100 Percent plan (§727(a)(9)(A)).
⁶ Doesn't matter at this point in time if payments were 100 Percent or less.