How long do I have to wait to file a chapter 7 bankruptcy after filing for Chapter 13 bankruptcy?

Asked over 3 years ago - Miami, FL

How many years do I have to wait to file a chapter 7 bankruptcy after a chapter 13 bankrutpcy?

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Attorney answers (3)

  1. Theodore Lyons Araujo

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    Answered . While you must wait at least 8 years between filing two chapter 7 (11 USC § 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC §1328(f)(2)) 4 years between a 7 and a 13 (11 USC § 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC § 727(a)(9)).

    Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC § 362 et seq.)

    These times may also be greatly shortened if you did not get a discharge in the first case. Good Luck!

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    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  2. Michael Hal Schwartz

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    Answered . A little more detail is needed. If your Chapter 13 was dismissed you can file Chapter 7 w/o waiting but there is a 180 day time limit if your Capter 13 was dismissed for certain reasons. Speak with a local attorney.

    If your Chapter 13 case was not dismissed but completed and you were granted a Chapter 13 discharge, you would have to wait 6 years from the date the original Chapter 13 was filed to file a new Chapter 7 and get a Chapter 7 discharge unless you paid 100% of all allowed claims in the Chapter 13 case. See 11 USC Section 727 (a)(9)

  3. Dorothy G Bunce

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    Answered . It depends - did you receive a Chapter 13 Discharge? Or was your chapter 13 dismissed without a discharge?

    If your Chapter 13 was dismissed without a discharge, you can file Chapter 7 immediately.

    Hope this info helps!

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