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I got a Chapter 7 bankruptcy discharge last year. Can I file a Chapter 13 now?

Fort Lauderdale, FL |

I got my Chapter 7 discharge in August 2012. I now have a job and need to restructure some of my debts. Can I file a Chapter 13 now? I wasn't sure how long after the Chapter 7 I had to wait. Thanks.

Attorney Answers 9

Posted

I agree that you can file a chapter 13 bankruptcy but cannot obtain a discharge. There is a new mandatory mortgage mediation program that would apply to a Fort Lauderdale bankruptcy. Other than your mortgage, there is a question as to what debts you have since you should not have any new debts (and the mortgage itself would have been discharged without a reaffirmation agreement). If you do not have a mortgage issue, you should discuss with an attorney to see if there is any point to filing a chapter 13.

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Posted

You can file a Chapter 13 and keep the creditors at bay, but you are not eligible for a discharge of debts.

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Posted

Yes, but you won't eliminate any debt obligations at the end of your repayment plan. Not sure how much "restructuring" you'll get since your plan will have to probably pay them off in their entirety.

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Posted

My colleague is correct. You can file a chapter 13 but you are not allowed to discharge any debt in your bankruptcy. What this means for your case will depend on what debts you want to "restructure." I would recommend you consult with an attorney in your area, regarding your options in a chapter 13. Only after a personal consult, will someone be able to tell you specifically what a chapter 13 would mean for you, given your circumstances. Many attorneys offer a free consultation so meet with a few attorneys to check your options and see if another bankruptcy is what you need. Good luck!

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Posted

To be eligible for a discharge, under your fact situation, you must wait 4 years from the date of your chapter 7 discharge, to file chapter 13.
Good luck.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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Posted

We call that a Chapter 20 and it is possible under limited circumstances. You need to consult counsel.

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Posted

In theory, you would have few debts to restructure. Unless you reaffirmed any of your debts in the Chapter 7, and you filed your Chapter 7 in 2012, there would not be much in the way of new debt.

If, however, you had mortgages, or car loans, or other secured debt that was not reaffirmed in the Chapter 7, then you can not "restructure" them, other than to pay what you can over 60 months.
If there was still any debt owed after your payments into the Chapter 13 plan, you would still owe the debt when the Chapter 13 case was closed.

To get a discharge of deb in a second bankruptcy, the following waiting periods apply [from time of filings, not from the time of discharge:

7 after 7 - 8 years
7 after 13 - 6 years
13 after 7 - 4 years
13 after 13 - 2 years

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Posted

You can file a Chapter 13, but you would have to propose to pay your creditors 100%

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Posted

You can file a chapter 13 now, but the debts scheduled in the chapter 13 would not be subject to a discharge since at least 4 years has not passed since the chapter 7 filing. Assuming the "restructure" debts were your mortgage, those could be addressed in the chapter 13 plan and brought current.

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