QUESTION
I filed in 2005 a Chapter 13, finished it in 2010 can I file a Chapter 7 now?
Asked on Nov 06th, 2012 on Bankruptcy - Georgia
More details to this question:
In 2005 started chapter, 13 finished paying in 2010 accumulated debt need to clear it up with a chapter 7.
10 ANSWERS
Yes. The maximum wait after a 13 is 6 years from the time it was filed. Section 727
Answered on Nov 09th, 2012 at 6:06 AM
Administrative Law Attorney serving Ann Arbor, MI
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David J. Hutchinson
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Should not be a problem. You had a 6 year waiting period.
Answered on Nov 09th, 2012 at 5:33 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Nov 09th, 2012 at 5:03 AM
Nope, to file Chapter 7 you will need to wait 8 years after you filed your Chapter 13.
Answered on Nov 07th, 2012 at 10:10 PM
If you received a chapter 13 discharge, you can file a chapter 7 six years from the time you filed the chapter 13.
Answered on Nov 07th, 2012 at 10:10 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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The waiting period is six years unless you paid at least 70% to creditors in the 13, in which case there is no waiting period.
Answered on Nov 07th, 2012 at 10:09 PM
William H. Von Willer
Probably not, if you received a discharge in the Chapter 13.
Answered on Nov 07th, 2012 at 10:09 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The filing of a chapter 7 depends upon being able to qualify for it. If you had to file a 13 before and still have the same income, which does not qualify you to file a 7, then you would probably have to file another chapter 13. If you received a discharge in your previous Chapter 13 bankruptcy and you need to file Chapter 7 bankruptcy then you will need to wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge.
Answered on Nov 07th, 2012 at 10:09 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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Generally, you can file a Chapter 7 after a 13 either 6 or 8 years from the date the 13 was filed. The difference depends on the amount you paid your unsecured creditors through your prior 13. You should discuss this in person with a knowledge bankruptcy attorney.
Answered on Nov 07th, 2012 at 10:09 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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In order to be eligible for a Chapter 7 Discharge, you will need to wait 8 years from the date you filed your Chapter 13 case. If you filed in 2005, you can file a Chapter 7 in 2013. It is date specific, so if you filed you Chapter 13 on February 12, 2005, then you will need to wait until February 13, 2013.
Answered on Nov 07th, 2012 at 9:24 PM