QUESTION
Am I eligible to file a chapter 13 if I was discharged from one before?
Asked on Dec 20th, 2011 on Bankruptcy - Georgia
More details to this question:
My mortgage is in jeopardy for $4000. The hospital has a lien on the house for $4000. I need to save the property.
13 ANSWERS
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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There are specific timing deadlines relating to discharge and stay provisions. However, there is no time limits for refiling; you may simply not be eligible to receive a discharge of a debt. That wouldn't affect your ability to file a new plan to address the shortfall on your mortgage.
Answered on Dec 27th, 2011 at 2:06 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You cannot receive a discharge in chapter 13 unless you file a subsequent case after 2 years from the date of discharge. If you are not eligible for a discharge you can still file a case. For example, if you have a secured judgment lien on your house or home arrears you can pay these debts in a subsequent chapter 13 without receiving a discharge of debts. Once the debts are paid the case will be closed.
Answered on Dec 22nd, 2011 at 6:18 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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In almost all cases, Yes. To file a chapter 13 after a previous Chapter 13 (with discharge), one need only wait 2 years between filing dates.
Answered on Dec 22nd, 2011 at 4:41 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can file a Chapter 13 anytime to stop the sale and pay the arrears on the home but you are not eligible for a discharge in that new case if you filed a Chapter 7 in the last 4 years or a Chapter 13 in the past 2 years. You might not need a discharge if you are filing to pay the mortgage arrears in the Chapter 13 Plan. However, you might not be able to discharge the hospital bill. You obviously need to talk to a bankruptcy attorney about your eligibility for a discharge in a Chapter 13 case.
Answered on Dec 22nd, 2011 at 4:16 PM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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Yes you can file another Chapter 13 is your first one was closed. Depending on how recently the first one was filed, you may or may not be eligible for a discharge.
Answered on Dec 22nd, 2011 at 10:10 AM
Yes every 4 years.
Answered on Dec 22nd, 2011 at 10:06 AM
Stephen M. Goldfarb
A chapter 13 can be filed unless the debtor received a chapter 7 discharge within four years before filing a new petition or received a chapter 13 discharge filed within two years before filing a new chapter 13 petition.
Answered on Dec 21st, 2011 at 7:49 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes, you can still file a Chapter 13 case to cure your mortgage default. However if the previous Chapter 13 case was filed within the past two years, you won't be entitled to a discharge of your debt.
Answered on Dec 21st, 2011 at 7:39 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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You will be eligible to file the bankruptcy. There will be a question of whether or not you can receive a discharge. You will need to know your filing date of the previous bankruptcy in order to determine whether you can get a discharge or not. These are the discharge eligibilities for filing between subsequent bankruptcies. 8 years between 7s. -727(a)(8) 2 years between 13s. -1328(f)(2) 4 years between a 7 and 13 -1328(f)(1) 6 years between a 13 and 7(if under 70% plan). -727(a)(9)
Answered on Dec 21st, 2011 at 7:36 PM
Yes you can file again to save your home you just won't receive a discharge.
Answered on Dec 21st, 2011 at 7:36 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Eligibility to file is different from eligibility to get a discharge. You may have some stay problems depending upon how long ago your last bankruptcy was but any competent attorney ought to be able to figure it out.
Answered on Dec 21st, 2011 at 7:35 PM
You can file a Chapter 13 to cure mortgage arrears even if you are not eligible for a discharge.
Answered on Dec 21st, 2011 at 7:31 PM
Glen Edward Ashman
Depending on when the prior case was and your current numbers you may be eligible for a second Chapter 13. Definitely get legal counsel.
Answered on Dec 21st, 2011 at 7:28 PM