QUESTION
Can you file chapter 13 after a chapter 7?
Asked on Jul 31st, 2012 on Bankruptcy - New York
More details to this question:
My ex has a court order to pay some attorney fees in CA. They had a chapter 13 discharged on 10/10/10, in which is 3 months shy from a 2 year period. They have now filed a chapter 7. Can they do that and would it be granted? Also, they have all my property in which we are battling in court , hearing was put on hold because of the filing. If it is granted, will I be able to go after them for "My property" not community property? Thanks for your help.
4 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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If her Chapter 13 was a 100 percent plan then yes.
Answered on Aug 23rd, 2012 at 10:13 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible that a chapter 13 will be granted and they will be ordered to pay a portion of the unsecured claims. You need to file a proof of cliam to protect yourself.
Answered on Aug 23rd, 2012 at 10:13 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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IN NJ, you can file a C13 four years after the C7. Not before. You are saying it differently in your text, that it was a C13 first, which would also require at least four years, unless it is w/o discharge.
Answered on Aug 17th, 2012 at 2:55 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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You can file but you may not be able to get a discharge depending on the time frame. While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
Answered on Aug 17th, 2012 at 2:54 PM