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I defaulted on a Chapter 13 6 years ago, how long must I wait to file Chapter 7?

Asked over 2 years ago - Centralia, WA

I defaulted on a Chapter 13 Bankruptcy approx 6 years ago. I am now on Workers Comp and we are getting the book thrown at us from all sides by collectors (Threats of taking what little assets we have, court actions, etcetc.). I know a few of my debts are not effected by Bankruptcy (Child Support and Fines), how long must I wait before I can file, jointly with my wife (we were not married during my Ch13, she has never filed), for a Chapter 7? Nolo Means test show we are 1/3 Avg annual for a family of 3 (before COL Expenses and CS). My thanks in advance for any advice.

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Attorney answers (2)

David E. Tovarez

Reputation Level 10

Answered over 2 years ago. Chapter 7 Bankruptcy Attorney in Royal Oak, MI.

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An individuals ability to file a second bankrutpcy is based upon reciept of a discharge in a prior case. In you facts described you should not have to wait to file a bankruptcy and you should consult an attorney now.

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Gregory J. Jalbert

Reputation Level 13

Answered over 2 years ago. Chapter 7 Bankruptcy Attorney in Seattle, WA.

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If you did not complete your chapter 13 you did not get a discharge so unless you had your case converted to to a chapter 7 back then you can file a new case now. Be sure to let your new bankruptcy attorney know of the old case so he can look at the file and be sure all is ok.

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