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Can you file for Ch. 13 Bankruptcy after previously being in a Ch. 13, then converting to a Ch. 7, which is now discharged-Ohio.

Cincinnati, OH |

We filed for Ch. 13 in 2010 - converted the case to Ch. 7 in 2012. The Ch. 7 is discharged and we are still facing foreclosure. Can we file for Ch. 13 again to save our home?

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Attorney answers 4


Based upon what you said, yes. You will probably need to consult with an attorney as there rules in the Bankruptcy Code which restrict a consumer's ability to get a discharge of their debt with repeat filers. On the other hand, if you are filing a Chapter 13 for the sole purpose of curing a default of the mortgage, you may not be concerned about whether or not you will get a discharge. You just want some time to pay the defaulted mortgage payments, which is one of the most popular reasons consumers file for Chapter 13 protection.

I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.


Yes, you can "file" the chapter 13. The questions will be whether the 13 will help, whether the 13 is eligible for discharge, and regardless of the prior, whether you need a discharge.

However, it might be time to take a hard look at your financial situation and have a real discussion about whether it is worth it. Most clients I have encountered who have gone down the road you have (filed 13 to save home, got behind, convert to 7, and are back to square one with foreclosure) really can't afford the home anymore and need to face facts. Just something to think about.



Well, in our situation, the reason for becoming behind in the first place was due to the economy and a significant reduction in hours. That has resolved, and we've added my full-time income to the home now, and have less expenses than ever before. We can afford the home, but the bank is unwilling to work on a loan modification, despite the fact that we've shown them an increase in income and less expenses. So, the fact that we converted the first Ch. 13 to a 7 remains, however, our situation has improved significantly and we just want to stay in the home that we can afford.

Matthew Scott Berkus

Matthew Scott Berkus


Here is the test I use for clients in this situation. The regular (unmodified) mortgage monthly payment + the chapter 13 monthly payment (to cure mortgage arrears) must be 30% or less of gross monthly income. If you are at that point now, and assuming no major life events over the next 3-5 years (of the 13), then the 13 would work. If you do not meet that test, already have my thought.


You can always file a Chapter 13, assuming you qualify, as long as you have no other bankruptcy case open. But you will not be eligible to receive a discharge of your debts in your Chapter 13 until 4 years have passed since the case was filed which resulted in your earlier discharge. Hope this perspective helps!


Based solely on the information that you have provided, You should be able to do so, but you are not discharge eligible so you will not be able to eliminate any other debts in the Chapter 13 unless allowance is made for them to be paid in full. As long as you provide for full repayment of the arrears on this mortgage and the applicable attorney and trustee fees, you should be able to proceed.

Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.

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