Am I eligible to file a chapter 13 if I was discharged from one before? 28 Answers as of July 02, 2013

My mortgage is in jeopardy for $4000. The hospital has a lien on the house for $4000. I need to save the property.

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
How long ago did you receive your discharge?
Answer Applies to: Washington
Replied: 7/2/2013
Neighborhood Law Office, P.C.
Neighborhood Law Office, P.C. | Jim Underhill
However, the answer is yes, you can file a Chapter 13, even if you filed a Chapter 7 and received a discharge less than 8 years ago. Chapter 13s can be filed at any time. Moreover, it may be possible to have the lien from the hospital debt removed from the house.
Answer Applies to: Colorado
Replied: 12/28/2011
Heupel Law
Heupel Law | Kevin Heupel
Yes, you can file Chapter 13 and depending on when you filed your earlier case, you may be able to remove the lien as well.
Answer Applies to: Colorado
Replied: 12/28/2011
J.M. Cook, P.A. | J.M. Cook
There are specific timing deadlines relating to discharge and stay provisions. However, there is no time limits for refiling; you may simply not be eligible to receive a discharge of a debt. That wouldn't affect your ability to file a new plan to address the shortfall on your mortgage.
Answer Applies to: North Carolina
Replied: 12/27/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You cannot receive a discharge in chapter 13 unless you file a subsequent case after 2 years from the date of discharge. If you are not eligible for a discharge you can still file a case. For example, if you have a secured judgment lien on your house or home arrears you can pay these debts in a subsequent chapter 13 without receiving a discharge of debts. Once the debts are paid the case will be closed.
Answer Applies to: California
Replied: 12/22/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    In almost all cases, Yes. To file a chapter 13 after a previous Chapter 13 (with discharge), one need only wait 2 years between filing dates.
    Answer Applies to: Colorado
    Replied: 12/22/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can file a Chapter 13 anytime to stop the sale and pay the arrears on the home but you are not eligible for a discharge in that new case if you filed a Chapter 7 in the last 4 years or a Chapter 13 in the past 2 years. You might not need a discharge if you are filing to pay the mortgage arrears in the Chapter 13 Plan. However, you might not be able to discharge the hospital bill. You obviously need to talk to a bankruptcy attorney about your eligibility for a discharge in a Chapter 13 case.
    Answer Applies to: California
    Replied: 12/22/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file another chapter 13 two years after your prior chapter 13 discharge.
    Answer Applies to: New York
    Replied: 12/22/2011
    THOMAS G. GILL, P.A. | Thomas G Gill
    You are eligible for a second chapter 13 discharge if it has been more than two years since the previous chapter 13 discharge. However, if the only debt is mortgage arears, you can file another 13 to address the arrears without the need for a discharge.
    Answer Applies to: Maryland
    Replied: 12/22/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes you can file another chapter 13. You may need to consult with an attorney as there are particular motions that may need to be filed.
    Answer Applies to: Florida
    Replied: 12/22/2011
    Jakob-Barnes Law Firm, LLC
    Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
    Yes you can file another Chapter 13 is your first one was closed. Depending on how recently the first one was filed, you may or may not be eligible for a discharge.
    Answer Applies to: Georgia
    Replied: 12/22/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes every 4 years.
    Answer Applies to: New York
    Replied: 12/22/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file a chapter 13 as long as it a 100% case.
    Answer Applies to: California
    Replied: 12/21/2011
    The Stockman Law Office | Mary Stockman Esq.
    You can file another chapter 13, most likely, but it is not clear to me whether you owe the hospital $4k or a mortgage for 4K.
    Answer Applies to: Florida
    Replied: 12/21/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You can file a Chapter 13 case (assuming you otherwise qualify) even if you have previously filed bankruptcy.
    Answer Applies to: Colorado
    Replied: 12/21/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can file a Chapter 13. However, depending on how long ago the prior case was filed, you may not be able to receive a discharge and would have to pay 100%, but would be doing it under a Chapter 13 in payments. If your prior case was a Chapter 7, you cannot obtain a discharge under a Chapter 13 filed now unless it has been more than 4 years, and of the prior case was a Chapter 13, if it has more than 2 years.
    Answer Applies to: California
    Replied: 12/21/2011
    Goldfarb Law Office, PA
    Goldfarb Law Office, PA | Stephen Goldfarb
    A chapter 13 can be filed unless the debtor received a chapter 7 discharge within four years before filing a new petition or received a chapter 13 discharge filed within two years before filing a new chapter 13 petition.
    Answer Applies to: Minnesota
    Replied: 12/21/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Yes, you can still file a Chapter 13 case to cure your mortgage default. However if the previous Chapter 13 case was filed within the past two years, you won't be entitled to a discharge of your debt.
    Answer Applies to: Minnesota
    Replied: 12/21/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You will be eligible to file the bankruptcy. There will be a question of whether or not you can receive a discharge. You will need to know your filing date of the previous bankruptcy in order to determine whether you can get a discharge or not. These are the discharge eligibilities for filing between subsequent bankruptcies. 8 years between 7s. -727(a)(8) 2 years between 13s. -1328(f)(2) 4 years between a 7 and 13 -1328(f)(1) 6 years between a 13 and 7(if under 70% plan). -727(a)(9)
    Answer Applies to: Oregon
    Replied: 12/21/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes you can file again to save your home you just won't receive a discharge.
    Answer Applies to: Indiana
    Replied: 12/21/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, you are eligible to file Chapter 13 if you were discharged from one before. If you had filed the previous Chapter 13 case within 2 years of filing the new case, you would not be eligible for a discharge.
    Answer Applies to: Texas
    Replied: 12/21/2011
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Eligibility to file is different from eligibility to get a discharge. You may have some stay problems depending upon how long ago your last bankruptcy was but any competent attorney ought to be able to figure it out.
    Answer Applies to: Washington
    Replied: 12/21/2011
    Law offices of John P. Brooke | John Brooke
    If you received a discharge from the previous discharge you would need to wait two years from the date of filing to receive another chapter 13 discharge. If you do not want a discharge and want to pay back all of the debt in a chapter 13 then you most likely can file another chapter 13.
    Answer Applies to: New York
    Replied: 12/21/2011
    Mazyar Hedayat and Associates
    Mazyar Hedayat and Associates | Mazyar Malek Hedayat
    Yes, you can secure another Chapter 13 Discharge even though you already received one. There is no time requirement. You should be able to get it right away.
    Answer Applies to: Illinois
    Replied: 12/21/2011
    Canty Law Firm
    Canty Law Firm | Timothy Canty
    You can file a Chapter 13 to cure mortgage arrears even if you are not eligible for a discharge.
    Answer Applies to: Colorado
    Replied: 12/21/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If your house is a homestead property, nobody but the lenders with loans secured on the property, I.e. your first, second, third mortgage lenders, home owner's association, credit line lenders, etc., can put a lien on the property. Hospitals should not be able to do that. you should be able to qualify for a chapter 13. It is extremely complicated and I urge you to hire professional help.
    Answer Applies to: Florida
    Replied: 12/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file a chapter 13 even if you had a previous case.
    Answer Applies to: California
    Replied: 12/21/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Depending on when the prior case was and your current numbers you may be eligible for a second Chapter 13. Definitely get legal counsel.
    Answer Applies to: Georgia
    Replied: 12/21/2011
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