QUESTION
Can I file a chapter 13 after a chapter 7 bankruptcy?
Asked on Jun 18th, 2012 on Bankruptcy - Kansas
More details to this question:
I filed Chapter 7 bankruptcy in 2010 and signed a reaffirmation agreement on my home. Can I file a chapter 13 bankruptcy now?
14 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
It is possible. However I don't know why you need to do so and whether it is smart to do so.
Answered on Jun 29th, 2013 at 1:50 AM
William C. Gosnell
Yes.
Answered on May 29th, 2013 at 3:06 AM
Yes, you can file Chapter 13 after Chapter 7, but depending on the length between the two, you probably will not be eligible for a discharge of debt in the Chapter 13.
Answered on Jul 13th, 2012 at 5:11 PM
Yes, but you cannot get a discharge in the chapter 13. If you don't need a discharge for what you want to do, file now. Otherwise, you can file a chapter 13 AND get a discharge only if you wait until 2014 (4 years measured from date of filing to date of filing). However, you may not need a chapter 13 or any bankruptcy. Unless you have a second mortgage loan or a HELOC, the signing of a re-affirmation of a first mortgage was a meaningless act. If you need to walk away, walk away. You don't need to file a second time.
Answered on Jun 29th, 2012 at 10:22 PM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
You cannot receive a chapter 13 discharge unless your chapter 7 was filed more than 4 years previously.
Answered on Jun 29th, 2012 at 7:06 PM
No. The code says that you must wait seven years after obtaining a discharge before filing another petition.
Answered on Jun 28th, 2012 at 5:53 PM
Domestic Relations Attorney serving Huntsville, AL
at
Ferguson & Ferguson
Update Your Profile
You can, but you may not be able to discharge any debt. The chapter 13 may still give you the relief you need though without a discharge.
Answered on Jun 28th, 2012 at 5:45 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Perhaps you should look into getting the mortgage modified. This is a typical example of why you should not have signed the reaffirmation agreement. Things got worse for you financially and you are no longer able to make the mortgage payments, but if you default on the mortgage a foreclosure will be filed, and the bank will eventually get the real estate into its name. Then, after it is sold, the bank will come after you for a deficiency judgment because the debt was not discharged in your chapter 7. And NO, you cannot now file a chapter 13, you have to wait for another approximate 5 years before you can do that.
Answered on Jun 28th, 2012 at 5:26 PM
Bankruptcy Attorney serving Atlanta, GA
at
Saedi Law Group, LLC
Update Your Profile
Yes, you can file a Chapter 13 immediately after receiving a Chapter 7 discharge if necessary.
Answered on Jun 28th, 2012 at 3:54 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
The earliest that you can file for Chapter 13 is 4 years from the date that your previous Chapter 7 was filed.
Answered on Jun 28th, 2012 at 2:19 PM
Bruce Arthur Plesser
You can certainly go after bank for predatory lending.
Answered on Jun 28th, 2012 at 2:18 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Yes, but check with a good bankruptcy attorney in your state. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 28th, 2012 at 2:09 PM
Bankruptcy Attorney serving Grand Rapids, MI
at
David Andersen & Associates, PC
Update Your Profile
Question 1: You are eligible to file a Chapter 13 after filing a Chapter 7. Question 2: You could file a Chapter 13 bankruptcy after a Chapter 7 filing in Chapter 7 filing in 2010; however, it would not meet what appears to be your goal. You would not receive a discharge of your debts. You would have to wait 4 years from filing a Chapter 7 before you would be eligible to receive a discharge in a Chapter 13 case.
Answered on Jun 28th, 2012 at 2:06 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
Yes, but you cannot receive another discharge until 4 years after the filing date of the previous Chapter 7. I suggest you consult with a bankruptcy attorney to discuss the details of your situation.
Answered on Jun 28th, 2012 at 2:04 PM