If I filed a chapter 7 bankruptcy in 2006, can I now file a chapter 13? 35 Answers as of July 08, 2013

If I filed a chapter 7 bankruptcy in 2006, can I now file a chapter 13?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
No you have to wait for 6 years, therefore let's say you filed for bankruptcy in October 2006, October 2012 would be the soonest you can file a Chapter 13 case.
Answer Applies to: Florida
Replied: 10/5/2011
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
Assuming the first case resulted in a discharge, measuring from date of filing the first case as a Chapter 7 to the date of filing the second case as a Chapter 13, the waiting time is supposed to be four years (filing date to filing date) if the debtor expects to receive a discharge in the second case. However, if the second case, - the chapter 13 - calls for a 100% payment plan, there would usually be no need for a discharge of debts at the end of the case (as they would be completely paid off in the plan), so there would be no need to wait as long to file. Note that if a 13 comes before a 7, the waiting period is different.
Answer Applies to: New Jersey
Replied: 10/3/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, you can file a Chapter 13 but you may not be able to get a discharge of debt.
Answer Applies to: Indiana
Replied: 9/30/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
You must wait 8 years before you can file another chapter 7. To file a chapter 13 you must wait at least 4 years from the date your chapter 7 was filed.
Answer Applies to: California
Replied: 9/30/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you can. It is 4 years between filing a chapter 7 and a chapter 13.
Answer Applies to: California
Replied: 9/29/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes you can. You cannot get a Ch 13 discharge if you have received a Ch 7 discharge within 4 yrs of the date you fie the Ch 13. So if you filed and were discharged a Ch 7 in 2006, you can file a Ch 13 now. Good Luck.
    Answer Applies to: Michigan
    Replied: 9/29/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    No.
    Answer Applies to: Maryland
    Replied: 6/3/2013
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    I will assume that you received a discharge and therefore the rules require that you wait 6 years from the time you filed your ch 7 before you can rfile and eceive a discharge in a chapter 13. It looks like you are at least close to meeting the timeframes.
    Answer Applies to: Florida
    Replied: 9/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes.... You can file a Chapter 13 case and are eligible to obtain a Chapter 13 discharge if the Chapter 7 was filed over 4 years before.
    Answer Applies to: California
    Replied: 9/29/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    You can receive a discharge in chapter 13 if you had a chapter 7 discharge more than 4 years previously.
    Answer Applies to: California
    Replied: 9/29/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, you can file a Chapter 13 bankruptcy.
    Answer Applies to: Florida
    Replied: 9/29/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, you can file a Chapter 13 case now, in 2011, and be entitled to a discharge in the Chapter 13 that you file now, if you filed Chapter 7 in 2006. Under Section 1328(f)(1) of the Bankruptcy Code, you are eligible for a discharge in a Chapter 13 case so long as it is filed more than 4 years after the filing of a prior Chapter 7 case. You can file a Chapter 13 after a Chapter 7 anyway, before 4 years have elapsed, but you are not entitled to a discharge in such a case. Sometimes, that doesn't matter, if all someone is trying to do with the Chapter 13 is save a house, a vehicle, or pay priority tax or other claims that survived the Chapter 7 discharge. You would not need a discharge in a case like that, since you are not trying to get rid of any unsecured debts.
    Answer Applies to: Texas
    Replied: 9/29/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Yes.
    Answer Applies to: Utah
    Replied: 6/3/2013
    David M. Siegel & Associates
    David M. Siegel & Associates | David M. Siegel
    Yes, you can file a Chapter 13 bankruptcy case. In fact, you may be able to pay less than 100% back on your unsecured creditors since your Chapter 7 bankruptcy filing was more than 4 years ago.
    Answer Applies to: Illinois
    Replied: 9/29/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes.
    Answer Applies to: California
    Replied: 6/3/2013
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    Yes.
    Answer Applies to: California
    Replied: 6/3/2013
    Eliza Ghanooni, Attorney at Law
    Eliza Ghanooni, Attorney at Law | Eliza Ghanooni
    Yes.
    Answer Applies to: California
    Replied: 6/3/2013
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney