QUESTION
How soon can a person file another chapter 13 if they were released in 2011?
Asked on Jul 23rd, 2013 on Bankruptcy - Florida
More details to this question:
Husband lost his job 7 months ago and has been unable to find gainful employment and trying to save home from foreclosure.
8 ANSWERS
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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It all depends on what "released" means and other related factors.
Answered on Jul 30th, 2013 at 8:55 PM
William Rhymer
Another Chapter 13 can be filed at any time. However, the type of Chapter 13 will depend on the facts of the previous Chapter 13.
Answered on Jul 30th, 2013 at 8:55 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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By released do you mean discharged? You have to wait at least two years between Chapter 13 filings (I presume you want to file a 13 if your goal is to save the house). In that case depending on when the old case was filed you may be eligible again. But you should check with an attorney in person.
Answered on Jul 30th, 2013 at 8:55 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You likely can file a 13 now. If your case was discharged in 2011, you may not receive a discharge in this case. You will need enough income to fund a plan, however. Talk to an attorney about your situation.
Answered on Jul 30th, 2013 at 8:55 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I am not sure what a "release" is. Do you mean that you obtain a discharge?
Answered on Jul 30th, 2013 at 8:55 PM
Deborah F. Bowinski
A second alchapyer 13 case can be filed as soon as two years after the filing date of the first one.
Answered on Jul 30th, 2013 at 8:55 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You can always file another Chapter 13, however, you may not be entitled to a discharge of those debts, but could still save the home from foreclosure by making the back payments required in the new Chapter 13 Plan. Need four (4) years between Chapter 13 discharges to be entitled to a discharge of debts under the New Chapter 13.
Answered on Jul 30th, 2013 at 8:54 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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There is no time limit between chapter 13 filings.
Answered on Jul 30th, 2013 at 8:54 PM