QUESTION
If I filed a chapter 13 bankruptcy when can I file a chapter 7?
Asked on Jul 22nd, 2014 on Bankruptcy - California
More details to this question:
I filed a chapter 13 bankruptcy and it was discharged in March 2013 but a person has sued me for a debt that had occurred prior to the bankruptcy. For a debt that happened before the bankruptcy can I now file a chapter 7 to get rid of this debt or am I protected by the chapter 13.
10 ANSWERS
If the debt in question was made before you filed bankruptcy, it would be covered by the bankruptcy discharge. You might have to pay a % of the amount you paid to other unsecured creditors but unless the circumstances are exceptional, you can't file Chapter 7 until 8 years have elapsed since you filed your Chapter 13.
Answered on Jul 30th, 2014 at 6:41 PM
If you paid 70% or more of your debt in your Chapter 13 you are now eligible for a Chapter 7 discharge. Otherwise, you are eligible six years after the Chapter 13 filing date (not the discharge date).
Answered on Jul 24th, 2014 at 10:08 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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You are protected in the Chapter 13, if you gave the creditor notice. If not, then you are eligible for a chapter 13 discharge after six years from the petition date of the prior chapter 13 where you received a discharge. However, if you paid your creditors 70 or more of their claims in your prior chapter 13 plan you may file and receive a discharge sooner in some circumstances. You should consult with a bankruptcy attorney regarding your facts.
Answered on Jul 24th, 2014 at 4:04 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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If listed in the Ch 13, you do not have to pay and you cannot be sued on that debt. Visit with your attorney, that creditor is in violation of the bankruptcy discharge. If you did not list them, then you may have some other options besides just filing another bankruptcy. You cannot receive a discharge in a Ch 7 filed after a Ch 13 unless the Ch 7 is filed more than 6 years after the filing date of the Ch 13. You did not give the time you were in the Ch 13 so I cannot tell whether you meet the timelines for the Ch 7 and to receive a discharge in that Ch 7 bankruptcy.
Answered on Jul 24th, 2014 at 4:03 AM
2 Awards
You should be protected by the 13 discharge.
Answered on Jul 24th, 2014 at 4:03 AM
You have to wait 4 years from the filing date of the 13 to file a 7, assuming that you obtained a discharge in the 13. If you did, the debt is either clearly discharged or was intended to be in good faith and not collectible by the creditor.
Answered on Jul 24th, 2014 at 3:53 AM
Deborah F. Bowinski
If the debt was listed in your chapter 13 and the creditor received notice of the filing and had the opportunity to participate in the confirmation process, then that debt was discharged and the creditor should not be trying to collect. If the debt was NOT listed in the chapter 13 case then it was not discharged. You should contact your lawyer with any question you have related to your chapter 13 case. You can file another chapter 13 case now, if you wish. You must wait six years from the filing date of the chapter 13 case before you are eligible to receive a discharge in a new chapter 7 filing.
Answered on Jul 24th, 2014 at 3:53 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you scheduled the debt in the Chapter 13, you're protected under the discharge in the Chapter 13. If you didn't schedule the debt in the Chapter 13, then the discharge the Chapter 13 doesn't apply to this debt and you can file a Chapter 7 six years after the filing date of the Chapter 13.
Answered on Jul 24th, 2014 at 3:48 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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The answer depends on whether the debt was the type that is dischargeable and whether it was listed in your bankruptcy petition. Talk to an attorney about the details of your situation to find the best solution.
Answered on Jul 23rd, 2014 at 3:47 PM
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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If the debt was listed in your Chapter 13 bankruptcy schedules, you merely need to state that in your response to the suit. If it was not listed, it cannot be discharged in a second bankruptcy.
Answered on Jul 23rd, 2014 at 3:47 PM