QUESTION
Can I file Chapter 7 bankruptcy after filing Chapter 13 bankruptcy?
Asked on Dec 03rd, 2011 on Bankruptcy - Colorado
More details to this question:
I filed chapter 13 in January of 2003, can I file chapter 7 now? My home is in foreclosure and scheduled to be sold on 12/9/11 plus I have credit card bills, medical bills and other bills I cannot pay due to the fact that my husband has had little work with his company over the last 2 1/2 years.
18 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 02nd, 2013 at 9:11 PM
judith runyon
Yes, if you qualify.
Answered on May 31st, 2013 at 12:13 AM
Yes, you can file Chapter 7 or Chapter 13 bankruptcy if your previous Chapter 13 was in January of 2003.
Answered on Dec 14th, 2011 at 4:30 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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Yes, you can generally file a Chapter 7 six years after FILING a Chapter 13.
Answered on Dec 07th, 2011 at 8:53 AM
1 Award
Absolutely. It is called a Chapter 20 in bankruptcy slang, and happens all the time.
Answered on Dec 07th, 2011 at 8:49 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you receive a discharge under chapter 13, you can get a chapter 7 discharge after six years.
Answered on Dec 07th, 2011 at 8:39 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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Yes, you can file for Chapter 13 and you are eligible to receive a Chapter 13 discharge at the end of your case. Go see a solo practitioner or small firm with a good reputation. Stay away from the consumer mill type firms that boast about the number of cases they have filed.
Answered on Dec 06th, 2011 at 7:45 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Yes, you can and the sheriff sale will be halted by a bankruptcy filing if the case is filed before the sale date. However, the bankruptcy will not resolve the foreclosure in the long run. If you are trying to hang on to your house, you may want to call a local HUD-approved counseling agency to see if anything can be done to find an acceptable solution (e.g., an unemployment forbearance) that will pull you through these hard times.
Answered on Dec 06th, 2011 at 7:44 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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First question is did you receive a discharge? If you didn't receive a discharge in the Chapter 13, then you can file another bankruptcy at any time. If you are still in the Chapter 13; even easier, you can just convert to Chapter 7. If you did receive a discharge, you have to wait 6 years after the Chapter 13 to file a Chapter 7. However, if you want to file another 13, you only have to wait two years. There are lots of zero payment plan 13's out there. Incidentally, these only requirements for getting a discharge, not filing. So you may be able to use the provisions of bankruptcy for some other purpose during these blackout periods.
Answered on Dec 06th, 2011 at 7:36 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You were eligible for a discharge in Chapter 7 on January 14, 2011 (8 years from filing the Chapter 7 if you received a discharge in 2003). Therefore, you can now file a Chapter 7 but Chapter 13 may be what you need instead. You need to have a consultation with an attorney immediately. Check to see if the foreclosure sale has been postponed first since some banks are postponing the trustee's sales because of Christmas.
Answered on Dec 06th, 2011 at 7:36 PM
Daniel James Wilson
You can file a Chapter 7 6 years after you filed for a 13.
Answered on Dec 06th, 2011 at 7:34 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes, you have waited long enough (it is a six year waiting period to file to file a Chapter 7 case after filing a Chapter 13 case).
Answered on Dec 06th, 2011 at 7:22 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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Yes, you can file a Chapter 7 now. The rule is 6 years between the filing of a Chapter 13 and a subsequent Chapter 7.
Answered on Dec 06th, 2011 at 7:22 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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If you *filed* a Chapter 13 case in January of 2003, you may not file a Chapter 7 case yet (not until one day after the 8th anniversary of your filing date), but can file a Chapter 13 case now. What you need to do after filing that case may be discussed with your attorney.
Answered on Dec 06th, 2011 at 7:21 PM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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Yes- you can file. You need to do so quickly in order to stay sheriff's sale.
Answered on Dec 06th, 2011 at 7:21 PM
If your filing date for the prior Chapter 13 was that long ago you may certainly file a Chapter 7 now, assuming you meet the eligibilty requirements, however, Chapter 7 is not the best bankruptcy to file if you are trying to save your home because the lender will likely get permission from the bankruptcy court to continue the foreclosure sale. If you meet the elibility requirements, Chapter 13 is a better option for saving a home when the mortgage is in arrears, but it is a far more complicated type of bankruptcy that is difficult to complete successfully without an attorney's assistance. It would be best for you to seek the help of an attorney immediately to ensure any bankruptcy filing will be a successful oneand filed in time to stop the foreclosure sale.
Answered on Dec 06th, 2011 at 7:20 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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A debtor may file a Chapter 7 after they have filed a Chapter 13, provided that they meet the time requirement between the case filings. This time period varies depending on how the case is ended. The debtor will also have to meet the income requirments for their household. When making this decision you should consult an attorney for a personal consultation as the factors that control whether you can file a Chapter 7 case in this way can vary greatly. But it is possible to seek Chapter 7 relief even after filing a Chapter 13 bankruptcy Case.
Answered on Dec 06th, 2011 at 7:18 PM
You are eligible to file either chapter 7 or 13 now. You should do it before 12/9 if you want a few more months in the house.
Answered on Dec 06th, 2011 at 7:18 PM