Is it possible to file for a chapter 13 bankruptcy after a chapter 7?
I filed for a chapter 7 bankruptcy about five years ago. Now I am in another financial crisis and need to file for bankruptcy again. I have a pretty steady job this time and think I could qualify for a chapter 13.
Answered By: Heupel Law
Yes, you could file Ch. 13 and eliminate your debt.
Answer Applies to: Colorado
Replied: 12/3/2011
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Answer Applies to: Colorado
Replied: 12/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If you obtained a discharge more than 4 years previously to filing a chapter 13 you can obtain a discharge under chapter 13.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Yes, many people who are not eligible for Chapter 7 file a Chapter 13, especially when something arises relatively soon after receiving the benefit of a Chapter 7 discharge.
Answer Applies to: Indiana
Replied: 11/30/2011
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Answer Applies to: Indiana
Replied: 11/30/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
Yes, you can fille a chapter 13 now.
Answer Applies to: California
Replied: 11/30/2011
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Answer Applies to: California
Replied: 11/30/2011
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Answered By: Selleck Legal, PLLC
If you want to file a Chapter 13 after you filed a Chapter 7 you must wait 4 years from the prior case filing. If you want to file a Chapter 7 after you previously filed a Chapter 7 you have to wait 8 years from the prior case filing.
Answer Applies to: Michigan
Replied: 11/30/2011
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Answer Applies to: Michigan
Replied: 11/30/2011
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Answered By: Eranthe Law Firm
Yes. You must allow four (4) years between an old chapter 7 and a new chapter 13.
Answer Applies to: California
Replied: 11/30/2011
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Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Canty Law Firm
Yes you can file a Chapter 13.
Answer Applies to: Colorado
Replied: 11/30/2011
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Answer Applies to: Colorado
Replied: 11/30/2011
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Answered By: Dan Wilson Bankruptcy
You are eligible for a Ch 13 four years after FILING DATE of previous Ch 7.
Answer Applies to: Colorado
Replied: 11/30/2011
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Answer Applies to: Colorado
Replied: 11/30/2011
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Answered By: Law Office of Yvonne Michaud Novak
You can file a chapter 13 four years after your chapter 7 discharge so you should be able to file a 7 now.
Answer Applies to: Minnesota
Replied: 11/30/2011
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Answer Applies to: Minnesota
Replied: 11/30/2011
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Answered By: Charles R. Nettles - Attorney at Law
You are eligible to file a Chapter 13 after a year from completion of your Chapter 7.
Answer Applies to: Texas
Replied: 11/30/2011
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Answer Applies to: Texas
Replied: 11/30/2011
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Answered By: Weig Law Firm, LLC
You can file a chapter 13 any time, even the day after your 7 is closed. The question is whether you can get a discharge of your debts. If you have filed within the four years before you file a 13, you are not eligible for a discharge. In a chapter 13 your income determines whether you have to do a 3 year or a five year plan. If you make less than the median household income for a household of the same size in your area, it is 3 years, if more than median, five years. You do have to have enough income to make plan payments, etc. and the size of the payment is determined by your disposable income.
Answer Applies to: Minnesota
Replied: 11/30/2011
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Answer Applies to: Minnesota
Replied: 11/30/2011
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Answered By: The Law Office of Darren Aronow, PC
You need to wait 1 year from your chapter 7 bankruptcy discharge to file for a chapter 13. So if you filed 5 years ago, you are fine to file now.
Answer Applies to: New York
Replied: 11/30/2011
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Answer Applies to: New York
Replied: 11/30/2011
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Answered By: Mazyar Hedayat and Associates
Yes: there is no restriction on filing a Chapter 13 bankruptcy after having received a Chapter 7 discharge. Timing is not a factor. Consult a qualified bankruptcy attorney in your area before making any decisions in this regard.
Answer Applies to: Illinois
Replied: 11/30/2011
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Answer Applies to: Illinois
Replied: 11/30/2011
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Answered By: Gregory J. Wald, Attorney at Law
Yes, you can file chapter 13 now because it is only a 4 year waiting period from the time that you file a chapter 7 case until you can file a chapter 13 case.
Answer Applies to: Minnesota
Replied: 11/29/2011
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Answer Applies to: Minnesota
Replied: 11/29/2011
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Answered By: The Schreiber Law Firm
You can file a Chapter 13 and receive a discharge if it has been more than four years since the filing of the Chapter 7.
Answer Applies to: California
Replied: 11/29/2011
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Answer Applies to: California
Replied: 11/29/2011
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Answered By: Athena Legal, LLC
Yes, you can file a chapter 13 after you had a chapter 7. If you have received a discharge in a chapter 7, the court requires that you wait 8 years between filings to get another chapter 7 discharge. This is not the case for chapter 13.
Answer Applies to: Ohio
Replied: 11/29/2011
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Answer Applies to: Ohio
Replied: 11/29/2011
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Answered By: Law Offices of Joseph A. Mannis
Five years later, yes, you could file for a Chapter 13. If I can be of any further assistance, feel free to contact me.
Answer Applies to: California
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/29/2011
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Answered By: Marc S. Stern
The short answer is yes. You are eligible to file a Chapter 13 and you are eligible to get a discharge in Chapter 13.
Answer Applies to: Washington
Replied: 11/29/2011
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Answer Applies to: Washington
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Clayton Law Offices
Yes. You are not eligible to file a chapter 7 and receive a discharge unless 8 years has passed since your last filing. However, as long as 4 years has passed since the filing of your chapter 7, you can file a chapter 13 and reorganize your debts, paying back just a percentage (depending on your income and assets).
Answer Applies to: Massachusetts
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 11/29/2011
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Answered By: Law Office of Felipe A. Malo, P.A.
You must wait 8 years from your last bankruptcy to refile.
Answer Applies to: Florida
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 11/29/2011
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Answered By: Carballo Law Offices
You cannot get a discharge in Chapter 13 until six years after you filed the Chapter 7 case. You can file before the six years are up but your debts will not be discharged. You should wait another year if you can, unless you must file now to stop a foreclosure or other legal action.
Answer Applies to: California
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/29/2011
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Answered By: Ashman Law Office
It is often possible to do a 13 after a 7. Get a good lawyer to make sure you can and to get you through the process.
Answer Applies to: Georgia
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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