Can I file for Chapter 7 if I already filed for Chapter 13? How? 9 Answers as of June 05, 2015

I had a Chapter 13 bankruptcy that was discharged in 2012. I just recently lost my income due to being laid off. Can I file for Chapter 7 because my unemployment just ran out?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Yes, you can file chapter 7.
Answer Applies to: Texas
Replied: 6/5/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, but it's not a good idea. You can file a chapter 7 six years after you filed the chapter 13. Since a 13 takes at 3 to 5 years and it was discharged in 2012, you can either file now or once the six years is up later this year. It's a bad idea because you don't have a job yet so you're likely to add more debt. Wait until you've got a job lined up, then file chapter 7. That way you'll pay off all the bills and will have an income so you won't be packing on more.
Answer Applies to: Ohio
Replied: 6/5/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can file a Chapter 13 four years after the date you filed the earlier Ch. 7, if you got a discharge in the earlier case.
Answer Applies to: Wisconsin
Replied: 6/4/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No on the chapter 7 but you can do a ch13. You might not get a discharge but it will keep them at bay until you can file a ch7.
Answer Applies to: California
Replied: 6/4/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You can file, but there may be some restrictions. Meet with an experienced BK lawyer face to face. He or she can access the BK website to look at your prior BK filing file. Any lawyer worth their salt is going to charge a small fee for the meeting. Now is not the time to skimp!
Answer Applies to: Colorado
Replied: 6/4/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No not yet.
    Answer Applies to: California
    Replied: 6/4/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You can file a chapter 7 case as long as at least 6 years have passed since the filing date of your prior chapter 13.
    Answer Applies to: Colorado
    Replied: 6/4/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Since you received a Chapter 13 discharge less than 3 years ago, I would need to know WHEN YOU FILED CHAPTER 13 to answer your question. If you have no income, I do not understand why you need to file bankruptcy right now.
    Answer Applies to: Nevada
    Replied: 6/4/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    It depends on how long you were in chapter 13. You must wait 6 years from the filing date of your chapter 13 to be eligible to file under chapter 7.
    Answer Applies to: Oregon
    Replied: 6/4/2015
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