QUESTION
Can I file chapter 7 if I have recently filed chapter 13?
Asked on Jun 03rd, 2013 on Bankruptcy - California
More details to this question:
My chapter 13 was completed and discharged at the beginning of 2013.
7 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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After filing the chapter 13 (as receiving a discharge) you must wait 6 years to file a chapter 7 or 2 years to file a new chapter 13.
Answered on Jun 06th, 2013 at 8:40 AM
Deborah F. Bowinski
You must wait 6 years from the filing date of your recent chapter 13 before you are eligible for chapter 7 relief. You most likely ate eligible to file another chapter 13 if you cannot wait that long - only 2 years fro the filing date in order to file a second chapter 13.
Answered on Jun 03rd, 2013 at 8:15 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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No.
Answered on Jun 03rd, 2013 at 8:14 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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Yes, and there are specific reasons for doing what is called a Chapter 20. You will not get a discharge at the end of your Chapter 13, but maybe you will not need one. You may be able to void liens and or deal with other issues that will benefit you even though you do not get a discharge.
Answered on Jun 03rd, 2013 at 8:13 PM
You can file another Chapter 13, but it will be several more years before you are eligible to receive another discharge, so don't look to file Chapter 7 any time soon.
Answered on Jun 03rd, 2013 at 8:13 PM
The answer to this question depends on the date you file the Chapter 13. You cannot get a discharge in a Chapter 7 case if you have been granted a discharge in a Chapter 13 case that was filed within 6 years before the filing date of the Chapter 7. There is an exception to this rule: You can get a discharge in a Chapter 7 filed less than 6 years after the filing of Chapter 13 if in that case you paid 100% of the allowed unsecured claims in the case, or 70% of such claims and the plan was proposed by you in "good faith" and was your "best effort". If your Chapter 13 was filed less than 6 years ago, you should consult an attorney to determine whether you would be eligible to file Chapter 7 now and get a discharge.
Answered on Jun 03rd, 2013 at 8:13 PM