I was discharged form the Chapter 7
Yes. Normally the issue is can you get a discharge or not. Consult with an attorney though to make sure you have the timing right.
I would not file a 13 w/o an attorney.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.
First, make certain of the date. You can always file a Chapter 13 (in most jurisdictions) - the question of time goes to discharge. If the Chapter 13 is filed before the 4 year anniversary, you aren't entitled to a discharge. Therefore, you must propose a plan that pays 100% to creditors. If the case is filed after the 4 year anniversary, you may get a discharge. So, the plan can be less than 100%. You really should have an experienced attorney working with you for a Chapter 13. The success rate of pro se Chapter 13 debtors is very low. Often, you can pay the attorney out of the plan too. So there is no reason not to seek help.
I hope this helps
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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Divorce / Separation Lawyer
Mr. Leahy's answer offers good, concise information for you. Also, look to the guide provided by Mr. Bollinger for a more complete answer.
This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.
You can file a chapter 13 bankruptcy (in order to get a discharge or cancellation of unpaid-for debt) four (4) years after the filing date of a chapter 7 that ended in discharge.
If you previously received a discharge from a Chapter 7 Bankruptcy filed within the last 4 years, then you can file a chapter 13 without delay, but you won’t get a discharge. This means you’d only get dollar-for-dollar credit (rather than penny-on-the-dollar credit).
This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It’s independent of other answers. It may be time sensitive, as in past the “Use by” date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.
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