We filed Chapter 7 bankruptcy May 2009 and discharged Aug 2009
Is there anyway to file and get chapter 7 bankruptcy protection before Aug 2017? I understand we may not be able to get a discharge before that date but what about for the protection while waiting to discharge?
If that's npt possible. Can we file chapter 13 now and convert it to Chapter 7 come August 2017?
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The period you must wait in Chapter 7 is from filing to filing. It is eight years. So, you would be able to file a chapter 7 and get a discharge in May 2017. You could file a Chapter 13 sooner and get protection. However, you would have to dismiss it and refile a Chapter 7 ... conversion will not work. Good luck.
If you file chapter 7 before your May, 2017 anniversary, you won't get a discharge but you will get up to 3 months of protection throgh the automatic stay. Of course, creditors can come into court and ask for the stay to be lifted, giving you a shorter amount of protection. Certainly chapter 13 could provide better protection, but the trade off would be paying all your disposible income into a plan for up to 5 years. No, you couldn't covert it to chapter 7 to get a discharge because right now you don't qualify for a chapter 7 discharge, and the filing date, not the conversion date is really all that matters. Other strategies may be available depending on circumstaces you did not disclose. Hope this perspective helps!
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And to top it all off, your Chapter 7 filing, known to be ineligible for a discharge of debt, may be construed as a bad faith filing. The Trustee might object and move for dismissal and you may not get even the 3 months of stay relief.
Consider a Chapter 13 filing, which you have the absolute right to dismiss when filed initially as a Chapter 13, not converted from Chapter 7. That would enable you to have the benefit of the automatic stay, and who knows, under the circumstances, it might be the best form of bankruptcy for you to travel under.
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