QUESTION
Can a person file a chapter 13 bankruptcy after a chapter 7?
Asked on Jan 16th, 2012 on Bankruptcy - Indiana
More details to this question:
Can a person file Bankruptcy chapter 13 after chapter 7 one year earlier? Is it possible?
17 ANSWERS
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes.
Answered on May 30th, 2013 at 9:47 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes, however, it may not be possible to get a discharge.
Answered on Feb 21st, 2012 at 9:59 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes. The prohibition would prevent a discharge not from filing for some other purpose.
Answered on Jan 31st, 2012 at 12:23 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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One may file a chapter 13, four years after filing a chapter 7.
Answered on Jan 30th, 2012 at 5:35 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Yes. If you got a discharge in your chapter 7 case, you can file under chapter 13 at any time. However, you must wait at least 4 years from filing date to filing date if you want to wipe out all your dischargeable debts in the 13. Many people decide to file prior to that deadline because they want to catch up on their mortgage payments only and do not need a discharge of their unsecured debts. On the other hand, if the prior chapter 7 case was dismissed without a discharge, you can file under any chapter at any time and may be eligible for a discharge of all your dischargeable debts.
Answered on Jan 30th, 2012 at 4:52 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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It is possible to file the chapter 13 case one year later, but if you received a discharge of your debts in the chapter 7 case you will not be entitled to a discharge of debts in the subsequent chapter 13 case. (To receive a discharge in your chapter 13 case, you would have to wait four years after filing chapter 7.) However, such a chapter 13 case can still be useful for such purposes as curing a mortgage default, restructuring a car loan, protection from creditors, etc.
Answered on Jan 30th, 2012 at 4:52 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Yes, a person can file a Chapter 13 bankruptcy immediately after a Chapter 7. There are two things to be concerned with (1) the length of the automatic stay and (2) availability of a discharge. (1) If the second case is filed within one year of the existence of the first case, you likley have to file a motion to extend the automatic stay. (2) If the 13 is filed within four years of the filing of the 7, the filer will not be eligible for a discharge. Most people who file two cases like this have dealt with their unsecured debt in the 7 and need the 13 to protect the home from foreclosure. In this instance, the availability of the discharge is likely not an issue.
Answered on Jan 30th, 2012 at 1:06 PM
judith runyon
Yes, but no discharge will be given.
Answered on Jan 30th, 2012 at 12:43 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You cannot receive a discharge under chapter 13 until 4 years after the filing of chapter 7.
Answered on Jan 30th, 2012 at 12:39 PM
Glen Edward Ashman
Yes, although what you can do in the case is somewhat limited. You need an experienced lawyer for this.
Answered on Jan 28th, 2012 at 10:41 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Christine A. Wilton
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Yes you can file, but you are not eligible for a discharge of your debts.
Answered on Jan 28th, 2012 at 10:30 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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It is possible and frequently done shortly after the Chapter 7 case discharge to pay mortgage arrears, taxes, etc. and not have property taken or stop creditors from garnishing wages or levying bank accounts and other reasons. You cannot get a discharge of any new debt in the Chapter 13 until four years after having filed the Chapter 7 case but Chapter 13 is a reorganization law so it is not used only to discharge debts. It is a powerful tool to provide relief to people who need to protect their property or money.
Answered on Jan 28th, 2012 at 10:30 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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It's possible, but you don't receive any discharge (you're just allowed to make reduced payments on your unsecured/nondischarged debt for duration of the 13).
Answered on Jan 28th, 2012 at 8:48 AM
Bankruptcy Attorney serving Columbus, OH
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Athena Legal, LLC
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Yes, but you would not be eligible for a discharge. There are many reasons a person would file a 13 even if he isn't going to get a discharge. You should contact a reputable attorney who can discuss your specific situation.
Answered on Jan 27th, 2012 at 9:19 PM
Chapter 13 Bankruptcy Attorney serving St. Charles, MO
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A & L, Licker Law Firm, LLC
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Yes, you wouldn't get a discharge, for a discharge you would have to wait four years after filing of the 7. But you get the automatic stay, means the creditors have to stop collection efforts.
Answered on Jan 27th, 2012 at 9:18 PM
Yes. We call it Chapter 20. No discharge after payment though.
Answered on Jan 27th, 2012 at 9:17 PM