Can I refile a bankruptcy after revocation of discharge per 723(b), did not turnover tax refund. Can I file a chapter 13 or a 7?

Asked 10 months ago - Columbus, OH

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 My discharge was revoked in 2009, but there was nothing in the Judges entry time barring a refilling.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?

Attorney answers (3)

  1. 6

    Lawyers agree

    Answered . If your discharge was revoked (a harsh sanction) that means you can't discharge the debts that were included in that petition in a future Chapter 7.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... more
  2. 4

    Lawyers agree

    Answered . 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

  3. 3

    Lawyers agree

    Answered . A 13 may be your best bet. You should meet with experienced bankruptcy counsel in your area to determine whether it is the best option for you at this point.

    You must mean a 727 revocation...

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