It is the filing date, not the discharge date, which matters.
You can a Chapter 13 as soon as your Chapter 7 closes.
But whether you get the automatic stay imposed should be reviewed with your attorney prior to filing.
Best course of action, find an attorney in your neighborhood today and get the facts reviewed.
Then you will know what your rights are.
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.
The general rule is that you can file a Chapter 7 after six years from the date the Chapter 13 was filed. The exceptions to the six year waiting period are: if you paid all unsecured creditors in full in the Chapter 13, or if you paid at least 70% of the claims in the Chapter 13 and the plan was propsed in good faith and was your best effort. Since your chapter 13 ended more than 6 years ago you can file a chapter 7 right away.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.
Under section 727 of the Bankruptcy Code, you cannot receive a discharge if you filed a Chapter 13 within six years, and if you received a discharge in that Chapter 13. If you received a discharge in Chapter 13 in 2007, which is a little under 7 years ago, then you should be fine to file. Please note that if you had any prior debts which were considered non-dischargeable in your Chapter 13 they may still be considered non-dischargeable.
This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
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I think you may be the same person who asked when they can file a Ch 7 after your Ch 7 was discharged in May 2007 and if I piece together your questions and comments correctly, you are in an active 13 now but wish to file a 7 to be done with it. I've said this already, but you should really consult a local attorney if you don't have one to discuss the timing and all of the consequences of filing/re-filing.