How long after chapter 7 bankruptcy can I do a chapter 13. I filed chapter 7 seven yrs ago.

Asked almost 2 years ago - Los Angeles, CA

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Attorney answers (8)

  1. Mher Asatryan

    Contributor Level 11

    15

    Lawyers agree

    Answered . In order to receive a discharge in the Chapter 13, you must wait 4 years to file a Chapter 13 after the filing date of your Chapter 7. Since you filed for Chapter 7 seven years ago, you may now file for Chapter 13 and you will receive a discharge assuming you meet all of the other requirements and qualifications.

    DISCLAIMER The answer given above serves for educational purposes only and is meant to provide general information... more
  2. Kathryn Ursula Tokarska

    Contributor Level 16

    15

    Lawyers agree

    Answered . 4 years must pass from the date of your original chapter 7 filing. You should be okay to file chapter 13.

  3. Jonathan Silvanus Udoka

    Contributor Level 9

    13

    Lawyers agree

    Answered . In order to obtain a chapter 13 discharge after you have received a chapter 7 discharge, you must wait 4 years before you file again. Many courts measure this period from filing date to filing date, but you should check with an attorney in your area to be sure if there is any confusion. Hope this helps. Good Luck!

    This is legal information and not legal advice. Contact an attorney in your area for legal advice. This answer... more
  4. Howard Aaron Lazarus

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . To sum up my colleagues statements, which I agree with, since it is more than four years since you filed chapter seven you may currently file a chapter 13 petition.

    This answer does not create an attorney-client relationship.
  5. Eric Jerome Gold

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . My colleagues are correct, there is a four year period from filing date to filing date, based on your situation.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  6. Robert Lewis Firth

    Contributor Level 11

    5

    Lawyers agree

    Answered . If you can hold out for another year you will again be eligible to file a Chapter 7. If you can't, you can file a chapter 13 now to get your creditors under control, and assuming you are otherwise eligible, convert the case to a chapter 7 next year. Not to denigrate the utility of a chapter 13 (which can be very advantageous in certain circumstances), but I find that most peopel, if they qualify, prefer to be in a chapter 7.

  7. Bradford Wayne Botes

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . Four (4) years from the FILING DATE of the old petition to the FILING DATE of the new case. Please note that the date the old case was doscharged is not relevant.

  8. Norma Nodal Duenas

    Contributor Level 12

    3

    Lawyers agree

    Answered . If you are not seeking to obtain a discharge in the Chapter 13 bankruptcy then you can file at any time. It really depends on the reason for filing the Chapter 13 bankruptcy. If you are not seeking to discharge any debt but are simply filing to pay the arrears on your home or to structure a payment for your student loans then you can file at any time after your have completed your Chapter 7 bankruptcy. If you are seeking to discharge debts in the Chapter 13 bankruptcy then you must wait 4 years from the date you filed your Chapter 7 bankruptcy.

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