Filing and Discharge Eligibility Calculator

The Discharge Eligibility Calculator is a tool to help attorneys evaluate the impact of a debtor’s prior bankruptcy cases on a new case. Based on the expected filing date and the dates of prior filings, the calculator will determine:

  1. If the debtor is eligible to file a bankruptcy case;
  2. Whether the debtor will receive a discharge;
  3. The extent to which the automatic stay will apply.

Instructions:

  1. Enter the expected filing date
  2. Select the Chapter to be filed
  3. Click the Add Prior Case button
  4. Enter the case data and click OK
  5. Add data for any additional cases
  6. Click Evaluate Eligibility to run the calculator

New Filing Details:

Prior Filings:

Enter Data For a Previously Filed Bankruptcy

Filing Details:

*If the case as filed was converted one or more times, enter the chapter under which a discharge was received. The filing date should be the date on which the original petition was filed.

Dismissal Details:

Plan Details:

Results:


Notes:

1. Disclaimer: The Filing and Discharge Eligibility Calculator analysis (or “Should I File?” analysis) is not meant to replace the independent judgment and skills of an attorney. Best Case, LLC does not provide any assurances regarding case outcomes and disclaims any responsibility for the consequences of any action taken in reliance upon the calculator.

2. 11 U.S.C. § 362(c)(3): Stay is limited 30 days if debtor has a prior case pending in year prior to filing.

3. 11 U.S.C. § 362(c)(4): Debtor is not eligible for stay if two or more cases pending in year prior to filing.

4. 11 U.S.C. § 109(g)(1): Debtor may not be able to file if a case was dismissed in prior 180-days for willful failure to abide by court order.

5. 11 U.S.C. § 109(g)(2): Debtor may not be able to file if, in the 180-days prior to filing, a case was voluntarily dismissed after a creditor filed a request to lift stay.

6. 11 U.S.C. §727(a)(8): Debtor is not eligible for chapter 7 discharge for 8-years from the filing dateof a previously discharged chapter 7 or chapter 11 filing.

7. 11 U.S.C. §727(a)(9): Debtor is not eligible for chapter 7 discharge for 6-years from the filing dateof a previously discharged chapter 12 or chapter 13 filing unless:
1. Debtor has paid 100% of unsecured claims; or
2. Debtor has paid 70% or more of unsecured claims; theplan was proposed in good faith, and was the debtor's best effort.

8. 11 U.S.C. §1328(f)(1): Debtor is not eligible for chapter 13 discharge for 4-years from the filing dateof a previously discharged chapter 7, chapter 11 or chapter 12.

9. 11 U.S.C. §1328(f)(2): Debtor is not eligible for chapter 13 discharge for 2-years from the filing dateof a previously discharged chapter 13.