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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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Attorney answers (2)

Reputation Level 6
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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Reputation Level 14
Yes, you may file a Chapter 13. Four years needs to have elapsed between the date of the discharge of the 7 and the filing of the Chapter 13. Please consult your bankruptcy attorney and make him aware of all of these facts prior to filing the new Chapter 13 bankruptcy.

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