QUESTION

Chapter 13 to Chapter 7 to Chapter 13

Asked on May 23rd, 2017 on Bankruptcy - California
More details to this question:
My ex-husband was a lawyer, hired another lawyer & forced me into Bankruptcy 13 in Sept of 2013. In 2014, my attorney filed Chapter 7 and all debts were discharged. I could not sell my home or find a place to rent so she filed a Chapter 13 and I was forced to reaffirm a $300,000 mortgage and accept a $30,000 debt of my ex-husband. My ex died after I received a judgment for divorce. The home became my sole & separate property in Sept of 2014 after a court hearing. How many years do I have to wait before filing a Chapter 7 or Chapter 13 in case issues come up from his death?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Your facts are very convoluted so it's difficult to answer your question. From your facts it seems like you filed a Chapter 13, then a Chapter 7, and then another Chapter 13, but you received a discharge in the Chapter 7 case.  Or did you convert your first Chapter 13 to a Chapter 7, and then file another Chapter 13?  What happened with the 2nd Chapter 13 case? Also, debts are not reaffirmed in a Chapter 13, so when you say you were forced to reaffirm, that doesn't make sense. It's also not clear what "issues" you expect arising from the death of your ex-husband.  Did he pass away after your Chapter 7 case was filed?  Were you separated or divorced prior? These all make a difference in analyzing your situation. In any event, the time periods that have to run for obtaining a discharge in a subsequently filed bankruptcy case can be found here: https://www.bklaw.com/bankruptcy-blog/2012/11/time-between-filing-bankruptcy/ You can always file a bankruptcy case earlier than the times set forth therein, but you won't be able to receive a discharge, which may or may not be a problem, depending on what you're trying to accomplish in the subsequent bankruptcy case and what issues you're trying to remedy.
Answered on May 23rd, 2017 at 11:50 PM

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