QUESTION
How soon can I file a chapter 7 after discharge from chapter 12?
Asked on Aug 14th, 2013 on Bankruptcy - Florida
More details to this question:
I was recently discharged from chapter 13 bankruptcy and now I'm hit with enormous amount of state and federal taxes to pay.
9 ANSWERS
A Chapter 7 will not help you with tax debt. You will need to go into another Chapter 13 to pay off these debts in most instances. You can file a Chapter 13 once your Chapter 7 case is closed.
Answered on Aug 15th, 2013 at 7:01 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
A chapter 7 won't do you any good. Taxes are not dischargeable in a bankruptcy.
Answered on Aug 15th, 2013 at 4:40 PM
General Law Attorney serving Cherry Hill, NJ
at
Mark S. Cherry, Attorney at Law, PC
Update Your Profile
Many taxes are not dischargable in bankruptcy such as "Trust Funds" . A chapter 7 may not be the solution even if you can file.
Answered on Aug 15th, 2013 at 9:46 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
at
Law Offices of Deborah A. Stencel
Update Your Profile
You should see an attorney. Chapter 7 won't necessarily help you with your taxes. How soon you can file a 7 depends on how much you paid through your 13 to unsecured creditors. 70% or more and you can file anytime. Less than that you may need to wait 6 years. Another 13 can be filed immediately but you may/may not get a discharge of debts depending on how much you paid in your previous case.
Answered on Aug 15th, 2013 at 9:46 AM
Personal Injury Attorney serving Glendale, CA
at
JT Legal Group
Update Your Profile
You should consult with one of us to see when/if you should file. Discharging taxes have special rules which makes Chapter 7 very dangerous for the unaware attorney.
Answered on Aug 15th, 2013 at 1:07 AM
Deborah F. Bowinski
You will be eligible to file a new chapter 7 case once six years have passed from the filing date if the previous chapter 13 case.
Answered on Aug 14th, 2013 at 7:53 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
That really depends upon how much you paid in the Chapter 13. If you paid 70% or more, there is one rule. If less, another one. In all probability the taxes will not be dischargeable in a 7 so you should really consider another 13.
Answered on Aug 14th, 2013 at 7:49 PM
Bankruptcy Attorney serving Plantation, FL
at
Moffa & Breuer, PLLC
Update Your Profile
That doesn't make any sense. Where did the taxes come from?
Answered on Aug 14th, 2013 at 7:46 PM
bankruptcy Attorney serving Paul, ID
at
Paul N. J. Ross Law, PLLC
Update Your Profile
Six years from the date of filing of the Chapter 13 you can file a Chapter 7. It is the filing date of the 13 that matters, not the discharge date.
Answered on Aug 14th, 2013 at 7:46 PM