QUESTION
If I have a closed chapter 13 case and since then have other debts again, could I file for chapter 13 again?
Asked on Jun 12th, 2015 on Bankruptcy - Washington
7 ANSWERS
Deborah F. Bowinski
You can file another chapter 13 case. If 6 years have passed since the filing date of your prior case, and if you are now otherwise eligible for chapter 7 relief, you would also be able to file a chapter 7 if you prefer.
Answered on Jun 15th, 2015 at 2:02 PM
It is very frustrating to try to answer a question containing nearly none of the required information. Would have helped if you had indicated WHEN you filed Chapter 13, and how much debt you now have. If you have enough money left in your budget to make plan payments, you could go into Chapter 13 again, if you have enough debt to make this worthwhile. Chapter 13 is not a program designed to solve small debt problems.
Answered on Jun 15th, 2015 at 11:42 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You can file a chapter 13 almost anytime the question is are you eligible for a discharge and does that matter.
Answered on Jun 15th, 2015 at 10:13 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you received a discharge in the closed Chapter 13 case, you must wait 2 years after the filing date until you can file another. ?Yes, I know that most Chapter 13 cases take 3 to 5 years but there are some that take as little as 4 months (it's rare you have to be very lucky - like winning the lottery OR very unlucky - like being crippled for life in an auto accident). If you didn't receive a discharge in the previous Chapter 13 case you can file at any time. Using an attorney is strongly recommended for any chapter 13 case but refiling with a recently dismissed case has some extra issues and having an attorney is necessary.
Answered on Jun 15th, 2015 at 12:39 AM
You can file a Chapter 13 two years after you receive a discharge in a prior Chapter 13. You have to wait four years to file a Chapter 7.
Answered on Jun 15th, 2015 at 12:38 AM
If you got a discharge in your chapter 13, you have to wait 6 years from the chapter 13 filing date to file a chapter 7. But you could file another chapter 13.
Answered on Jun 15th, 2015 at 12:32 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You can file a 13 . Whether you can get a discharge depends upon how long ago the other case was filed.
Answered on Jun 15th, 2015 at 12:27 AM