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How soon after filling chapter 7 can you file chapter 11 or 13?

Gray, KY |

I filed chapter 7 3.5 yrs ago and my spouse filed chapter 7 6.5 yrs ago, but due to the bad economy and my ill health we have fallen behind on our bills severly, we are also in the first stages of foreclosure ( is there anything we can do to keep our home also)tried to get a work out with BAC but they have given me the run around for 9 months now, all help is appreciated

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Attorney answers 2


You would not be able to file another Chapter 7 until 8 years had passed, which leaves a Chapter 13 proceeding. You would not be able to file until 4 years had passed from the filing of the Chapter 7, but your wife could file now.

A Chapter 13 will give you up to 60 months to catch up on your arrears, but you would be under a very, and I mean VERY, tight budget during that time period. So, the Chapter 13 may not be the answer.

Consult with a local bankruptcy attorney to get a detailed explanation of your detailed situation.

Good luck.


You are eligible to file a Chapter 11, but it will almost certainly be too expensive.

IF you received a DISCHARGE in the earlier Chapter 7s, then you have to wait eight years. Your spouse is eligible to file a Chapter 13 now. Depending on your and her other financial circumstances, that may be the way to halt the foreclosure and start to catch up.

Or you may be better off trying to fight the foreclosure (assuming it is not too late and that there is a legitimate issue to litigate.)

What you really need is a consultation with an experienced bankruptcy lawyer who can review all the facts and, together with you and your wife, determine the best course of action.

To help find a local lawyer who might assist you, you may want to use the Attorney Locator Service at the website of the National Association of Consumer Bankruptcy Attorneys. The site is linked below.

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