QUESTION

If my Chapter 13 got thrown out, can I file a Chapter 7?

Asked on Jan 31st, 2012 on Bankruptcy - Georgia
More details to this question:
I filed a Chapter 7 years ago and then two Chapter 13 cases and both were thrown out because of my non payment. Can I file a Chapter 7?
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6 ANSWERS

Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.
Answered on Jan 31st, 2012 at 5:42 PM

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You can file another chapter 7 after eight years. You are eligible to file chapter 13 now.
Answered on Jan 31st, 2012 at 5:23 PM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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More than likely, yes. It depends on the dismissal of the two Ch 13's.
Answered on Jan 31st, 2012 at 12:23 PM

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Personal Injury Attorney serving Gainesville, FL at Lawrence J. Marraffino, PA
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You can file a Chapter 7 if eight years have passed since your last Chapter 7 if you received a discharge.
Answered on Jan 31st, 2012 at 11:38 AM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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If your Chapter 7 was filed more than 8 years ago, and the intervening cases were dismissed, you may be eligible for a Chapter 7 again. The other considerations are your income, household size, equity in any property, and the types of debt you have.
Answered on Jan 31st, 2012 at 11:30 AM

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Glen Edward Ashman
No, because you cannot file a Chapter 7 until 8 years after the previous Chapter 7 filing.
Answered on Jan 31st, 2012 at 9:57 AM

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