Can I file for Chapter 7 if I already filed for Chapter 13? 4 Answers as of August 15, 2010

I had a Chapter 13 bankruptcy that was discharged in 2005. 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 Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
No, you cannot file again. You have to wait 8 years after discharge.
Answer Applies to: Florida
Replied: 8/15/2010
David Nelson
David Nelson | David Nelson
The question is what is the file date of your chapter 13.

If your current case is a chapter 7 and your last case was a chapter 7, you must wait 8 years. If your case is a chapter 7 and your last case was a chapter 13, you must wait 6 years. If you case is a chapter 13 and your last case was a 7, you must wait 4 years. If your current case is a chapter 13 and your last case was a 13, you must wait 2 years

If you were discharged in 2005, then your case was likely filed at least 3 years prior to that date. 3 years prior to 2005 plus the 5 years since 2005 is approximately 8 years.

Therefore, based on what you've told me, you can file a 7 or a 13 at this point. You can even file against an overpayment of the unemployment if the unemployment people think you were paid too much, called "over paid."

Call to set an appointment to go over details.
Answer Applies to: California
Replied: 8/10/2010
Halpern Law Offices
Halpern Law Offices | Daniel B. Halpern
Yes you can! If you need for me to talk to you about it more please don't hesitate to contact my office!
Answer Applies to: California
Replied: 8/9/2010
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