QUESTION
When can I file Chapter 7 again if I have filed on 2009 and can I include my income tax debt in it?
Asked on Feb 18th, 2015 on Bankruptcy - Michigan
More details to this question:
I have filed Chapter 7 on October 2009. What are the benefits of Chapter 13?
12 ANSWERS
Derek W. Freeman
You can file a chapter 7 eight years after receiving a discharge in your previous chapter 7 case. However, you can file a chapter 13 any time. A chapter 13 will allow you to make interest-free payments for debts such as unpaid taxes. Further, some debts which are non-dischargeable in a chapter 7 can be discharged in a chapter 13. This may include unpaid taxes, depending on when you acquired the debt.
Answered on Feb 19th, 2015 at 6:48 PM
Nothing prevents you from filing Chapter 7 again, but it won?t do you much good because you are not eligible to receive a discharge until 8 years after your previous Chapter 7 case was filed. It would have helped to answer your question regarding Chapter 13 if I knew something about your goals. If there is a wage garnishment against you, a Chapter 13 can allow you to pay just what the court decides you can afford so that the garnishment will end. If you need to prevent your car from being repoed, Chapter 13 can give you the time to catch up on making payments or even formulate a strategy to reduce your car payments.
Answered on Feb 19th, 2015 at 6:47 PM
Debt Settlement Attorney serving San Diego, CA
at
Law Offices of Kathryn Tokarska
Update Your Profile
You can receive a chapter 7 discharge once every 8 years so you're looking at 2017 based on filing in 2009. Whether income taxes are dischargeable in BK depends on a number of facts since there are several rules regarding when income taxes can be discharged. The pros and cons of Chapter 13 is something that you would want to discuss in the context of your particular financial situation. Understanding your "current monthly income", household size, living expenses, types and amounts of debts is the key. Filing chapter 13 without assistance of counsel is not recommended since statistically speaking success rates for in pro per filers is less than 1%. You'll want to consult a local BK attorney to discuss your situation.
Answered on Feb 19th, 2015 at 6:46 PM
You can file Chapter 7 once every eight (8) years. So, if you filed in October 2009, you may, if eligible, file Chapter 7 again in October 2017 (once eight years has passed). Chapter 13 is a great tool for managing and eliminating debts. Given the time that has passed since you filed your Chapter 7, you should be eligible for a discharge in the Chapter 13. In Chapter 13 you receive the benefit of the automatic stay, which prevents creditors from taking collection efforts, such as harassing letters and phone calls, garnishments, repossession and foreclosure. Typically, individuals pay a very small fraction of their unsecured debt back in Chapter 13, while the vast majority of the debt is discharged. To fully understand what Chapter 13 would or could do for you, you must consult with an experienced bankruptcy attorney. They will be able to tell you how your debts can be treated/resolved and what type of monthly payment/plan length you will have.
Answered on Feb 19th, 2015 at 10:21 AM
Bankruptcy Attorney serving Grand Rapids, MI
at
David Andersen & Associates, PC
Update Your Profile
If you are eligible, you can file a Chapter 7 every 8 years. Income taxes have to meet certain requirements to be discharged. A chapter 13 could be filed now, help with your income tax debt and other debts. The catch is that you have to pay something back to your creditors in a Chapter 13.
Answered on Feb 19th, 2015 at 5:14 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
You can file a second Chapter 7 eight years after the first Chapter 7. You can file a Chapter 13 four years after the Chapter 7. Since you filed your last one in October 2009 you can file another 7 in October 2017 or a Chapter 13 now. The primary benefit of a Chapter 13 is that you can receive a discharge which wouldn't be available in a Chapter 7 for 2 1/2 more years. In a 7, income taxes filed more than 3 years ago are discharged; newer income taxes are not affected. In a 13, all income taxes are discharged but it's required that you make payments on the taxes filed less than 3 years ago.
Answered on Feb 19th, 2015 at 5:13 AM
Deborah F. Bowinski
Eight years must pass from the filing date of one chapter 7 case to the filing date of a second chapter 7. Whether or not your income tax debt would be discharged in another bankruptcy is not a simple question. It depends upon what year or years the tax is from, and when the returns were filed. A chapter 13 case could be filed now, and it would allow you to discharge any dischargeable debts and allow you to prioritize your dollars so that you could pay off the non-dischargeable taxes without incurring further penalties. You should speak to an experienced chapter 13 bankruptcy lawyer to see whether it makes sense. It involves creating a chapter 13 plan with a monthly payment for a minimum of 36 months and a maximum of 60 months. It is NOT something to try to do on your own!
Answered on Feb 18th, 2015 at 6:25 PM
Real Estate Attorney serving Florence, KY
at
Linda S. Novakov & Associates, PLLC
Update Your Profile
Chapter 7 is available to consumers 8 years after the filing date. Chapter 13 is a wage earner's petition. If you have regular income, you may be eligible for a chapter 13. Consult competent counsel who can guide you. And no - your income tax debt is not dischargeable, unless it is very old. You can make arrangements with the IRS to enter into a payment plan.
Answered on Feb 18th, 2015 at 6:25 PM
You can file eight years from the date of filing. A Chapter 13 might be best. Meet with an experienced attorney. Theses consultations take about an hour. I charge a nominal sum for these meetings (everyone, without exception, has been happy to pay the small fee to get a wealth of information). Good luck!
Answered on Feb 18th, 2015 at 6:24 PM
2 Awards
You can file chapter 7 every 8 years, so you can file in 2017. You may file a 13 after two years. A 13 is a repayment plan of a portion if not all your debts. You may be able to repay otherwise nondischargeable debt through a 13.
Answered on Feb 18th, 2015 at 6:24 PM
The waiting time between chapter 7 cases is 8 years from the previous filing date, so you are not eligible for another chapter 7 until October 2017 UNLESS you never got a discharge in the previous case. If you did not get a discharge previously, you could file chapter 7 again already, if your household income is below the median. In most cases, taxes are not dischargeable until more than 3 years have elapsed from the date you filed the tax return. A chapter 13 would commit you to a minimum 3 year monthly payment plan geared to what you could afford, and if you had priority (non-dischargeable) taxes you would have to pay them off during the plan. It could be up to 5 years in the plan if you needed that much time to pay priority debt, or if your household income is above the median. It may also be shorter if you are able to pay off all your debts in less than the maximum time. A chapter 13 gives you the benefit of the bankruptcy stay so your creditors can't hassle you, and it may provide a delayed discharge of your unsecured, non-priority debt if some is left over at the end of the required plan period.
Answered on Feb 18th, 2015 at 6:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Very unlikely on both questions, see a bankruptcy specialist.
Answered on Feb 18th, 2015 at 6:18 PM