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Can I refile a bankruptcy after revocation of discharge per 723(b), did not turnover tax refund. Can I file a chapter 13 or a 7?

Columbus, OH |

I filed a chapter 7 with my now ex-husband in 2004. We were supposed to turnover $4000 to the Chapter 7 trustee from a tax refund. We made payment arrangements with the trustee and paid it down to 1400. My husband and I got divorced and payments were not made during a very difficult time for me. My discharge was revoked in 2009, but there was nothing in the Judges entry time barring a refilling. Can I file a new Chapter 13 now with a 5% dividend to the unsecured creditors? They would receive more in the Chapter 13 than they would have in the original Ch7, Can another Chapter 7 be filed now, or in the alternative a Chapter 13?

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Attorney answers 3

Posted

If your discharge was revoked (a harsh sanction) that means you can't discharge the debts that were included in that petition in a future Chapter 7. A 13 might help somewhat (I have no idea if 5% would be acceptable), but you need to speak to a bankruptcy attorney to see what makes the most sense.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

Sandra A Kuhn Esq.

Sandra A Kuhn Esq.

Posted

Great answer!

Posted

SECTION 723 IS THE WRONG SECTION ...DO YOU MEAN 727. AND IF SO WHICH SECTION? IS IT (a)(7)?? WHICH IS A 1 YEAR RULE? PLEASE CHANGE TO REFLECT THE ACCURATE FACTS. THANKS

Scott Russell Needleman

Scott Russell Needleman

Posted

If that small amount of money not being turned over caused the revocation of discharge, shouldn't it make sense that if the plan dividend was high enough to pay the original chapter 7 trustee claim, all creditors would receive more than if a Chapter 7 was filed. Do you agree with this out of the box thinking? or do you disagree? Also, the case was filed in 2004, discharge was revoked 2009, but it is 8 years from the time of that filing. Any significance there?

Posted

A 13 may be your best bet. You should meet with experienced bankruptcy counsel in your area to determine whether it is the best option for you at this point.

You must mean a 727 revocation...

Richard D. Granvold

Richard D. Granvold

Posted

yES..THEY SHOULD STATE WHICH SECTION AS IF THEY CAN DO A CH 7 MIGHT AS WELL DO IT..WHO WANTS TO BE STUCK IN A CH 13 FOR 3 TO 5 YEARS? My advice is to do a ch 7 if possible no matter what as there is no advantage in doing a ch 13 for 3 years and payoff 5% of debt unless I am missing something. Have a great night.

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