We filed chapter 7 in 2000 and Chapter 13 in 2006, bothe have been dishcharged , can we file chapter 7 again ?

Asked over 1 year ago - Great Falls, MT

my wife & I are both on Social Security Disabilty, our income changed when my wife lost her job in 2012., and she went on SSD. We have a truck & Camper , & credit card bills along with medical bills.

Attorney answers (3)

  1. Matthew Scott Berkus

    Contributor Level 20

    8

    Lawyers agree

    Answered . I guess 3rd time is a charm. Generally, a debtor must wait 6 years to file chapter 7 after a chapter 13. The time runs from filing date to filing date. So you should be fine to file a chapter 7 if your prior chapter 13 was filed in 2006. Please verify everything with a bankruptcy attorney in your area.

  2. Susan Schmeidler Blum

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . You need to wait 6 years between the filing date of a Chapter 13 to file a Chapter 7 and get the discharge, so you would be eligible to file a Chapter 7 now. If your only source of income is social security then you might be "judgment proof." You should consult with an attorney to see if bankruptcy is the right answer for you.

  3. David John Hastings

    Contributor Level 11

    6

    Lawyers agree

    Answered . After filing a chapter 13 case that results in a discharge, you generally need to wait 6 years before filing chapter 7. So from what you've said, it sounds like you can file again.

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