If I filed a chapter 13 bankruptcy when can I file a chapter 7? 14 Answers as of July 30, 2014

I filed a chapter 13 bankruptcy and it was discharged in March 2013 but a person has sued me for a debt that had occurred prior to the bankruptcy. For a debt that happened before the bankruptcy can I now file a chapter 7 to get rid of this debt or am I protected by the chapter 13.

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A Fresh Start
A Fresh Start | Dorothy G Bunce
If the debt in question was made before you filed bankruptcy, it would be covered by the bankruptcy discharge. You might have to pay a % of the amount you paid to other unsecured creditors but unless the circumstances are exceptional, you can't file Chapter 7 until 8 years have elapsed since you filed your Chapter 13.
Answer Applies to: Nevada
Replied: 7/30/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you never gave them notice then you are not protected by the Chapter 13. Generally, you cannot discharge debt in a Chapter 7 for 6 years from the date the chapter 13 was filed. So if you finished a 5 year chapter plan which was discharged in March 2013, then you should be able to file a Chapter 7 and discharge this new debt as of March 2014. However, you should speak to a local attorney with more details to insure that you qualify.
Answer Applies to: New York
Replied: 7/25/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
If you paid 70% or more of your debt in your Chapter 13 you are now eligible for a Chapter 7 discharge. Otherwise, you are eligible six years after the Chapter 13 filing date (not the discharge date).
Answer Applies to: Nebraska
Replied: 7/24/2014
Ronald K. Nims LLC | Ronald K. Nims
If you scheduled the debt in the Chapter 13, you're protected under the discharge in the Chapter 13. If you didn't schedule the debt in the Chapter 13, then the discharge the Chapter 13 doesn't apply to this debt and you can file a Chapter 7 six years after the filing date of the Chapter 13.
Answer Applies to: Ohio
Replied: 7/24/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
If the debt was listed in your chapter 13 and the creditor received notice of the filing and had the opportunity to participate in the confirmation process, then that debt was discharged and the creditor should not be trying to collect. If the debt was NOT listed in the chapter 13 case then it was not discharged. You should contact your lawyer with any question you have related to your chapter 13 case. You can file another chapter 13 case now, if you wish. You must wait six years from the filing date of the chapter 13 case before you are eligible to receive a discharge in a new chapter 7 filing.
Answer Applies to: Colorado
Replied: 7/24/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You have to wait 4 years from the filing date of the 13 to file a 7, assuming that you obtained a discharge in the 13. If you did, the debt is either clearly discharged or was intended to be in good faith and not collectible by the creditor.
    Answer Applies to: California
    Replied: 7/24/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You are protected by the present Ch 13 bankruptcy for as long as the bankruptcy lasts against any actions of any creditors whether the debt occurred before or after the filing date of the bankruptcy. All debts occurring before the filing date must be claimed by the creditor as part of the bankruptcy.
    Answer Applies to: Minnesota
    Replied: 7/24/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You are protected by the Ch13. You may have to explain why it was not listed.
    Answer Applies to: California
    Replied: 7/24/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    You are protected in the Chapter 13, if you gave the creditor notice. If not, then you are eligible for a chapter 13 discharge after six years from the petition date of the prior chapter 13 where you received a discharge. However, if you paid your creditors 70 or more of their claims in your prior chapter 13 plan you may file and receive a discharge sooner in some circumstances. You should consult with a bankruptcy attorney regarding your facts.
    Answer Applies to: California
    Replied: 7/24/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You should be protected by the 13 discharge.
    Answer Applies to: Nevada
    Replied: 7/24/2014
    Idaho Bankruptcy Law | Paul Ross
    If listed in the Ch 13, you do not have to pay and you cannot be sued on that debt. Visit with your attorney, that creditor is in violation of the bankruptcy discharge. If you did not list them, then you may have some other options besides just filing another bankruptcy. You cannot receive a discharge in a Ch 7 filed after a Ch 13 unless the Ch 7 is filed more than 6 years after the filing date of the Ch 13. You did not give the time you were in the Ch 13 so I cannot tell whether you meet the timelines for the Ch 7 and to receive a discharge in that Ch 7 bankruptcy.
    Answer Applies to: Idaho
    Replied: 7/24/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You are generally not protected by your Ch 13 filing unless you notified the creditor and paid them a percentage. You can't file Ch 7 for six years unless you either paid your creditors at least 70%, usually it is 100% to the unsecured unless you can show that 70% was your "best effort" Sorry!
    Answer Applies to: Michigan
    Replied: 7/24/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    The answer depends on whether the debt was the type that is dischargeable and whether it was listed in your bankruptcy petition. Talk to an attorney about the details of your situation to find the best solution.
    Answer Applies to: California
    Replied: 7/23/2014
    Law Office of Melissa Botting | Melissa Botting
    If the debt was listed in your Chapter 13 bankruptcy schedules, you merely need to state that in your response to the suit. If it was not listed, it cannot be discharged in a second bankruptcy.
    Answer Applies to: Texas
    Replied: 7/23/2014
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