If i filed a Chapter 7 four years ago am i eligible to file a chapter 13?

Asked over 1 year ago - Saint Louis, MO

I was discharged form the Chapter 7

Attorney answers (6)

  1. Gary D. Bollinger

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    Answered . Please see guide link below, in blue.

  2. Joshua T. Mathews

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    Answered . 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... more
  3. Steven Anderson Leahy

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    Answered . 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
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.como

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  4. Dorothy G Bunce

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    Answered . Yes, assuming you meet the other requirements, you are eligible to obtain a discharge if you file & complete a Chapter 13 bankruptcy. Hope this perspective helps!

  5. Michael Avanesian

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    Answered . 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... more
  6. Asaph O. Abrams

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    Answered . 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... more

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