Could I file a Chapter 13 if I filed a Chapter 7 and it was discharged in 12/2005

Could I file a Chapter 13 if I filed a Chapter 7 and it was discharged in 12/2005
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Edward W. Harness

Edward W. Harness

Contributor Level 3
You can file a chapter 13, however if you file the case too soon you will not get a discharge of your debts. Code Sec. 1328(f)(1) a debtor may not be granted a discharge within 4 years of the filing a previous chapter 7.

There may be some very good reasons for filing the case sooner rather than later, i.e. pending foreclosure, repossession, or utility disconnection. So, consult a local attorney about the filing of your case and when is the best time to file it.
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