QUESTION
Is it possible to plea for a special case to get a chapter 7 to the courts?
Asked on Jul 13th, 2013 on Bankruptcy - Missouri
More details to this question:
I am considering a chapter 13 but I do not think I will be able to make the payments as I am not making very much of an income right now and I am unable to file a chapter 7 as it was only 3 years ago.
8 ANSWERS
If you got a discharge in a Chapter 7, you have to wait 4 years from the filing date of the Chapter 7 before you can file a Chapter 13 case. There are no exceptions to this rule, and a judge does not have the discretion to allow you to file a Chapter 13 before that 4 years runs.
Answered on Jul 24th, 2013 at 12:48 AM
Personal Injury Attorney serving Glendale, CA
at
JT Legal Group
Update Your Profile
You want to obtain a Chapter 7 discharge when you already received one 3 years ago? If so, no, you cannot do that.
Answered on Jul 24th, 2013 at 12:48 AM
Deborah F. Bowinski
No. You must wait 8 years from your prior filing date before you can file another chapter 7. You must wait 4 years from the filing date before you are eligible for a discharge in a chapter 13 case.
Answered on Jul 24th, 2013 at 12:48 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
No. You must wait 8 years. From discharge to file again.
Answered on Jul 24th, 2013 at 12:48 AM
No, you cannot obtain another Chapter 7 Discharge until at least 8 years have passed since your prior Chapter 7 was filed. Your choice is Chapter 13 or nothing.
Answered on Jul 24th, 2013 at 12:47 AM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
No. You can file a chapter 7 only once every eight years under the current law..
Answered on Jul 24th, 2013 at 12:47 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
No. But, you should talk to an experienced chapter 13 attorney before deciding that path will not work. I have filed cases with only payments of $25 per month.
Answered on Jul 24th, 2013 at 12:47 AM
No. You can only receive a Chapter 7 discharge once every 8 years. You are not eligible to file a Ch 7.
Answered on Jul 24th, 2013 at 12:47 AM