QUESTION
If you file a chapter 7 this year and it gets discharged, how soon can you file chapter 13 to repay the things that weren't allowed in the chapter 7?
Asked on Sep 15th, 2013 on Bankruptcy - Colorado
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Answered on Nov 01st, 2013 at 8:41 AM
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You may file a Chapter 13 immediately after receiving your chapter 7 discharge. You receive a chapter 7 discharge in approximately 90 to 120 days after filing.
Answered on Sep 17th, 2013 at 3:04 PM
You can file as soon as the trustee closes your chapter 7 case.
Answered on Sep 17th, 2013 at 3:04 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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There is currently an appeal pending that will decide the issue but for most judges in the central district, you can file the next day. Remember, you won't get a Chapter 13 discharge but that's fine because you're not looking for a discharge but a repayment of the remaining amounts. This is called a Chapter 20.
Answered on Sep 17th, 2013 at 3:03 PM
You can generally file a Chapter 13 right away. But usually you are better off just filing the 13 in the first place. This is a question best discussed in the privacy of your attorney's office where the pros and cons can be discussed in detail.
Answered on Sep 17th, 2013 at 3:03 PM
William Rhymer
If you are otherwise eligible, you can file a Chapter 13 as soon as you get your discharge. You would have to pay every one in full and you would not be eligible for a discharge.But the stay in the new case would protect you while you are making payments under the plan.
Answered on Sep 17th, 2013 at 3:00 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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While you can file at anytime, you would only be able to receive a discharge if it was after 4 years of the previous filing.
Answered on Sep 17th, 2013 at 2:46 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You may file a 13 as soon as the 7 is complete, but nothing will be discharged unless you wait 4 years to file. There are some debts which can be discharged in a 13 and not in a 7 so it is only for those debts that you would wait. See an attorney about this because when you file consecutive bankruptcies there may be other issues as well.
Answered on Sep 17th, 2013 at 1:58 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Anytime unless you want a discharge.
Answered on Sep 17th, 2013 at 1:52 PM
Deborah F. Bowinski
Speak with an attorney. You can file a chapter 13 right away but you would not be eligible for another discharge. You also might have to file a motion to extend the automatic stay beyond 30 days.
Answered on Sep 17th, 2013 at 11:28 AM