Can you file for a Chapter 13 after yuo have already filed a Chapter 7?

Bridgeport, OH Viewed 60 times. Posted about 1 month ago in Bankruptcy / Chapter 13
Flag as objectionable
We file a Chapter 7 back in 2007, we have a substantial amount of debt again due to unemployment and other money struggles. We recently received a Certified Letter with a Summons from a credit card, is it too late to do anything to avoid wage garnishment for that one? There are about 8 more credit cards that are very delinquent, Can we file for a Chapter 13 already or is it too early? How many creditors can garnish your wages at once? If Chapter 13 is out of the question are there any legit debt consolidations that you can recommend?
Answer this question Add to list

Answers (3)

Lee M Perlman

Lee M Perlman

Contributor Level 3
This attorney is licensed in New Jersey. Posted about 1 month ago. Flag as objectionable
Your are unable to file a chapter 13 for 4 years from date of discharge to new filing, 1328 (f) (1)
0 0
David Michael Benson

David Michael Benson Avvo Pro

Contributor Level 4
This attorney is licensed in Ohio. Posted about 1 month ago. Flag as objectionable
If you filed and received a discharge under chapter 7, you can always file a chapter 13 case. There is no waiting period. However, if you file the chapter 13 case within 4 years of the date you filed the prior chapter 7, you will not receive a discharge in the second case. Thus, you could use the chapter 13 to catch up on mortgage arrears to save your house, but you won't be able to discharge any debt obligations, including your credit cards.
0 0

Kelly Robbennolt

Posted about 1 month ago. Flag as objectionable
Converting a bankruptcy from a Chapter 13 to a Chapter 7 is the right of any debtor. Some of the reasons for converting bankruptcies include inability to make plan payments for the Chapter 13 case, inability to make car or house payments after the plan has commenced, or to get the case over with.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.