Can I file chapter 7 now if I filed for chapter 13 in 2007, was paid in full and discharged in 2012? 17 Answers as of September 12, 2014

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can file again.
Answer Applies to: California
Replied: 9/12/2014
Ronald K. Nims LLC | Ronald K. Nims
Yes, if your Chapter 13 was filed in 2007, you can file a Chapter 7 in 2014.
Answer Applies to: Ohio
Replied: 9/12/2014
Since the filing date of the Ch 13 petition was more than 6 years since the filing date of the Ch7 then yes. You may file the Ch 7 and your debts would be dis chargeable.
Answer Applies to: Minnesota
Replied: 9/12/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
You may file another bankruptcy 4 years after filing a prior chapter 13 in which you received a discharge. Since you paid in full, you probably did not receive or need a discharge, so you could file a Chapter 7 at any time. I understand it has been more than 4 years since 2007.
Answer Applies to: Nevada
Replied: 9/12/2014
D.J. Rausa, Attorney at Law | D.J. Rausa
It has to be eight years from 2012 for you to be able to file a Chapter 7. You can, however, file a Chapter 13 and repay whatever debt you seek to address.
Answer Applies to: California
Replied: 9/12/2014
    The Wooten Legal Consulting, PC | Antoinette M. Wooten
    As long as your new bankruptcy is considered valid by the trustee you can file and, most likely, have your debts discharged.
    Answer Applies to: New York
    Replied: 9/12/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, if your income qualifies you for a Chapter 7. Take a look at the means test to see if you qualify. Otherwise, you have to do another 13.
    Answer Applies to: Oregon
    Replied: 9/12/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    Yes, 11 USC 727 permits the entry of a chapter 7 discharge, if a chapter 7 petition was filed more than 6 years after a chapter 13 petition or if the previous chapter 13 bankruptcy paid 70% or more of the allowed unsecured claims.
    Answer Applies to: Nebraska
    Replied: 9/12/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    Yes. You cannot file a chapter 7 bankruptcy until 6 years have passed after filing a chapter 13. In this case, the waiting period has passed. You can actually file earlier than 6 years if at least 70% of your unsecured debt was paid off in the chapter 13 plan. In your case, since all of your debts were paid in full, you could have filed a chapter 7 even earlier.
    Answer Applies to: Colorado
    Replied: 9/12/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you filed a 13 and completed your plan you can file a 7 6 years later, unless your plan was a 70-100% plan. See 11 USC 727(9).
    Answer Applies to: Nevada
    Replied: 9/12/2014
    Idaho Bankruptcy Law | Paul Ross
    In order to receive a discharge in a Chapter 7, it must have been filed more than 6 years after the filing date of a Chapter 13 (with some exceptions). Since more than 6 years have elapsed, you can file a Chapter 7 and receive a discharge.
    Answer Applies to: Idaho
    Replied: 9/12/2014
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