How 11 U.S.C. § 727(a)(8) applies in New York — federal bankruptcy law, New York district data.
You cannot receive a second Chapter 7 discharge within 8 years of a prior Chapter 7 discharge. The clock runs from filing-date to filing-date, not discharge-to-discharge. Filing within 8 years is not prohibited — the case will proceed, but discharge will be denied.
Districts covered: N.D.N.Y., E.D.N.Y., S.D.N.Y., W.D.N.Y..
The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a New York-specific answer, check the screener or consult a local attorney.
Check §727(a)(8) 8-Year Chapter 7 Refiling Bar against your case →