QUESTION
Can I convert my chapter 13 which hasn't been confirmed yet to Chapter 7 if I filled chapter 7 in Dec 2007?
Asked on Nov 26th, 2012 on Bankruptcy - New Jersey
More details to this question:
This is because of unpaid quarterly filed self-employed taxes for this year.
11 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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No - you need 8 years from the filing of your chapter 7.
Answered on Nov 29th, 2012 at 9:00 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
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You can convert but you cannot get a discharge.
Answered on Nov 29th, 2012 at 8:06 PM
Daniel James Wilson
No. You have to wait eight years from date of filing previous Ch 7 if you received a discharge in the prior case.
Answered on Nov 29th, 2012 at 8:00 PM
No, you are not eligible to be in Chapter 7 until at least 8 years have elapsed since you filed your prior bankruptcy.
Answered on Nov 28th, 2012 at 3:05 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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If you received a discharge in your 2007 case the answer is: no
Answered on Nov 28th, 2012 at 3:03 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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No - You will not receive a discharge.
Answered on Nov 28th, 2012 at 3:02 PM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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No. It must be 8 years from the date of filing your first Chapter 7.
Answered on Nov 28th, 2012 at 3:02 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You cannot get a discharge in a Chapter 7 case until 2015 so it makes no sense in converting the Chapter 13 case to a Chapter 7 case. You can dismiss the Chapter 13 and wait to file the Chapter 7 or re-file the Chapter 13 case. This requires a consultation with your attorney as it is complicated legally.
Answered on Nov 28th, 2012 at 3:02 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You cannot get a Discharge if you received a Discharge in the 2007 case. A Discharge is not available for 8 years from the filing of the first case.
Answered on Nov 28th, 2012 at 3:01 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If your 2007 Chapter 7 was successful, you are not eligible to convert your case. It is a doubtful a Chapter 7 would help you handle your recent income taxes in any case.
Answered on Nov 28th, 2012 at 3:00 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No you can not. It must be eight years between the date you filed the C7 and now.
Answered on Nov 28th, 2012 at 2:59 PM