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In 2003 I filed for chapter 13. then in 2007 I converted to chapter 7. Now, Can I file for chapter 13 again?

I filed for chapter 13 in 2003. But in July 2007 I decided to convert the bankruptcy to chapter 7. Now I' need to file for chapter 13 to consolidate all the debts that I have. Can file for chapter 13 now?

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Attorney answers (2)

Reputation Level 12
The first question is--did you receive a discharge in the coverted Chapter 7 case?

The dispositive date is the date the original case was filed, NOT the date the case was converted. Based on the information you provided, the original case was field in 2003. Therefore, you would be eligible to file under Chapter 7 in 2011. You have been eligible to re-file under Chapter 13 for years.

Please consult with your attorney, if you have one, for futher clarification. My response to your question is based on the limited facts you posed on www.avvo.com. I hope this information was helpful.

Angel M. Van Wieren
www.vanwierenlaw.com

Reputation Level 8
You can file for Chapter 13 now. I will assume that you received a discharge from the prior filing; that would bar you from filing another Chapter 7 bankruptcy until the mandatory 8-year waiting period had lapsed. There is no such bar for Chapter 13.

Disclaimer - this response is based on the limited information provided and does not create an attorney-client relationship. You should contact an attorney before taking legal action based on the responses provided here.

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