I filed a chapter 7 with my now ex-husband in 2004. We were supposed to turnover $4000 to the Chapter 7 trustee from a tax refund. We made payment arrangements with the trustee and paid it down to 1400. My husband and I got divorced and payments were not made during a very difficult time for me. My discharge was revoked in 2009, but there was nothing in the Judges entry time barring a refilling. Can I file a new Chapter 13 now with a 5% dividend to the unsecured creditors? They would receive more in the Chapter 13 than they would have in the original Ch7, Can another Chapter 7 be filed now, or in the alternative a Chapter 13?
If your discharge was revoked (a harsh sanction) that means you can't discharge the debts that were included in that petition in a future Chapter 7. A 13 might help somewhat (I have no idea if 5% would be acceptable), but you need to speak to a bankruptcy attorney to see what makes the most sense.
This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.
SECTION 723 IS THE WRONG SECTION ...DO YOU MEAN 727. AND IF SO WHICH SECTION? IS IT (a)(7)?? WHICH IS A 1 YEAR RULE? PLEASE CHANGE TO REFLECT THE ACCURATE FACTS. THANKS