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Can a person file chapter 13 bankruptcy 5 years after having filed chapter 7 in IL state

I n the state of Il, can you file a chapter 13 5 yrs after you have filed a chapter 7?

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Attorney answers (3)

Reputation Level 14
You can file a Chapter 13 the same *day* as you receive a Chapter 7 discharge. You can't receive a Chapter 13 discharge, however, unless 4 years have passed from when your previous Chapter 7 case was filed.
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Lesley Abigail Hoenig
Lesley Abigail Hoenig, licensed in Illinois and 2 other states

Reputation Level 14
I agree with the first answerer. By the way this is not state specific, the time between filing is the same regardless of state. If you wanted to file another chapter 7 you'd have to wait 8 years (by then you could be done with your chapter 13 if you were to file now).
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Reputation Level 14
You can file for a Chapter 13 but you will have to agree to waive the discharge that you will receive. There may be good reasons why you might file a 13 so quickly -- if you fall behind on your mortgage for example. The debts that you have acquired after the Chapter 7 will not be discharged though. If you do the correct planning many individuals are filing Chapter 13 plans which pay 0% to unsecured creditors which is the same effect as a Cahpter 7 bankruptcy.
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