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How long after chapter 7 bankruptcy can I do a chapter 13. I filed chapter 7 seven yrs ago.

Los Angeles, CA |
Attorney answers 8

Posted

In order to receive a discharge in the Chapter 13, you must wait 4 years to file a Chapter 13 after the filing date of your Chapter 7. Since you filed for Chapter 7 seven years ago, you may now file for Chapter 13 and you will receive a discharge assuming you meet all of the other requirements and qualifications.

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Posted

In order to obtain a chapter 13 discharge after you have received a chapter 7 discharge, you must wait 4 years before you file again. Many courts measure this period from filing date to filing date, but you should check with an attorney in your area to be sure if there is any confusion. Hope this helps. Good Luck!

This is legal information and not legal advice. Contact an attorney in your area for legal advice. This answer is intended to be used for informational purposes only, and does not establish an attorney-client relationship.

Posted

4 years must pass from the date of your original chapter 7 filing. You should be okay to file chapter 13.

Posted

To sum up my colleagues statements, which I agree with, since it is more than four years since you filed chapter seven you may currently file a chapter 13 petition.

This answer does not create an attorney-client relationship.

Posted

Four (4) years from the FILING DATE of the old petition to the FILING DATE of the new case. Please note that the date the old case was doscharged is not relevant.

Posted

My colleagues are correct, there is a four year period from filing date to filing date, based on your situation.

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Posted

If you can hold out for another year you will again be eligible to file a Chapter 7. If you can't, you can file a chapter 13 now to get your creditors under control, and assuming you are otherwise eligible, convert the case to a chapter 7 next year. Not to denigrate the utility of a chapter 13 (which can be very advantageous in certain circumstances), but I find that most peopel, if they qualify, prefer to be in a chapter 7.

Posted

If you are not seeking to obtain a discharge in the Chapter 13 bankruptcy then you can file at any time. It really depends on the reason for filing the Chapter 13 bankruptcy. If you are not seeking to discharge any debt but are simply filing to pay the arrears on your home or to structure a payment for your student loans then you can file at any time after your have completed your Chapter 7 bankruptcy. If you are seeking to discharge debts in the Chapter 13 bankruptcy then you must wait 4 years from the date you filed your Chapter 7 bankruptcy.

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