How soon can a person file another chapter 13 if they were released in 2011? 11 Answers as of July 30, 2013

Husband lost his job 7 months ago and has been unable to find gainful employment and trying to save home from foreclosure.

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Law Office of Thomas C. Phipps | Thomas C Phipps
There is no time limit between chapter 13 filings.
Answer Applies to: Missouri
Replied: 7/30/2013
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You can always file another Chapter 13, however, you may not be entitled to a discharge of those debts, but could still save the home from foreclosure by making the back payments required in the new Chapter 13 Plan. Need four (4) years between Chapter 13 discharges to be entitled to a discharge of debts under the New Chapter 13.
Answer Applies to: Florida
Replied: 7/30/2013
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
A second alchapyer 13 case can be filed as soon as two years after the filing date of the first one.
Answer Applies to: Colorado
Replied: 7/30/2013
Danville Law Group | Scott Jordan
What were "they released in 2011" from? Did "they" file bankruptcy in 2011? What chapter? 7 or 13? Did "they" receive a discharge? I would need more information before advising whether or not bankruptcy is an available option for "they".
Answer Applies to: California
Replied: 7/30/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It 6 years unless : the chapter 13 was 100% or 70% ant your best effort. You can file now - but you won't get a discharge. You can stay in this second case until you are eligible to file a 3rd case, where you can get a discharge.
Answer Applies to: California
Replied: 7/30/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    I am not sure what a "release" is. Do you mean that you obtain a discharge?
    Answer Applies to: Arizona
    Replied: 7/30/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case was completed or dismissed? If dismissed then you can re file now.
    Answer Applies to: New York
    Replied: 7/30/2013
    Law Offices of David A. Tilem | Michael Avanesian
    It all depends on what "released" means and other related factors.
    Answer Applies to: California
    Replied: 7/30/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    By released do you mean discharged? You have to wait at least two years between Chapter 13 filings (I presume you want to file a 13 if your goal is to save the house). In that case depending on when the old case was filed you may be eligible again. But you should check with an attorney in person.
    Answer Applies to: California
    Replied: 7/30/2013
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    Another Chapter 13 can be filed at any time. However, the type of Chapter 13 will depend on the facts of the previous Chapter 13.
    Answer Applies to: Georgia
    Replied: 7/30/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You likely can file a 13 now. If your case was discharged in 2011, you may not receive a discharge in this case. You will need enough income to fund a plan, however. Talk to an attorney about your situation.
    Answer Applies to: Wisconsin
    Replied: 7/30/2013
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