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Can you file a chapter 7 bankruptcy even if you have filed chapter13 and it was discharged?I filed a chapter 13 and was discharged in may of this year but I still have some stuff that I can not pay for due to the economy my busness has taken a serious down turn and my husbands hours have been cut?Can we file a chapter 7 even after we have filed a 13? Attorney answers (3)
Reputation Level 6
Answered over 2 years ago.
Chapter 7 Bankruptcy Attorney in San Diego, CA.
You will not be able to file a Chapter 7 case and receive a discharge until 6 years have passed since the filing (NOT discharge or closure - filing) of your Chapter 13 case. You can, however, file another Chapter 13 right away.
1 person marked this answer as good
Kenneth Lewis Swenson, licensed in California
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Reputation Level 9
Answered about 2 years ago.
Chapter 7 Bankruptcy Attorney in Sacramento, CA.
Creditors tend to like the fact that you cannot file a chapter 7 for the years following your discharge. That being said you can file a 13 - or you may not have to file at all. One of the things that determine whether you need bankruptcy protection is if you are working - and wages can be attached - and how close a creditor is to filing a law suit against you. There are ways to "keep the creditor off your back" without filing the bankruptcy.
Reputation Level 14
Answered about 2 years ago.
Chapter 7 Bankruptcy Attorney in Alameda, CA.
No C7 in your future for a while.....but C13 is available tomorrow. I assume the new debts are post petition debt since the prior C13?
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