If I have a closed chapter 13 case and since then have other debts again, could I file for chapter 13 again? 10 Answers as of June 16, 2015

Or do I need to file for chapter 7 now?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It depends on when you filed before and what percentage you paid to your creditors the last time. You need 6 years for chapter 7 unless you paid 100% to your creditors OR you paid 70% and that was your best effort. You need two years for a new ch13 to get a discharge in the case. You can file a ch13 in less time simply to get the creditors off your back. You will not get a discharge in that case.
Answer Applies to: California
Replied: 6/16/2015
Stephens Gourley & Bywater | David A. Stephens
Depending on when you filed and whether you were discharged, you can file a chapter 7 or 13.
Answer Applies to: Nevada
Replied: 6/15/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You can file another chapter 13 case. If 6 years have passed since the filing date of your prior case, and if you are now otherwise eligible for chapter 7 relief, you would also be able to file a chapter 7 if you prefer.
Answer Applies to: Colorado
Replied: 6/15/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
It is very frustrating to try to answer a question containing nearly none of the required information. Would have helped if you had indicated WHEN you filed Chapter 13, and how much debt you now have. If you have enough money left in your budget to make plan payments, you could go into Chapter 13 again, if you have enough debt to make this worthwhile. Chapter 13 is not a program designed to solve small debt problems.
Answer Applies to: Nevada
Replied: 6/15/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
You can file a chapter 13 almost anytime the question is are you eligible for a discharge and does that matter.
Answer Applies to: Michigan
Replied: 6/15/2015
    Ronald K. Nims LLC | Ronald K. Nims
    If you received a discharge in the closed Chapter 13 case, you must wait 2 years after the filing date until you can file another. ?Yes, I know that most Chapter 13 cases take 3 to 5 years but there are some that take as little as 4 months (it's rare you have to be very lucky - like winning the lottery OR very unlucky - like being crippled for life in an auto accident). If you didn't receive a discharge in the previous Chapter 13 case you can file at any time. Using an attorney is strongly recommended for any chapter 13 case but refiling with a recently dismissed case has some extra issues and having an attorney is necessary.
    Answer Applies to: Ohio
    Replied: 6/15/2015
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    You can file a Chapter 13 two years after you receive a discharge in a prior Chapter 13. You have to wait four years to file a Chapter 7.
    Answer Applies to: Oregon
    Replied: 6/15/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Depends how much time has passed
    Answer Applies to: New York
    Replied: 6/15/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you got a discharge in your chapter 13, you have to wait 6 years from the chapter 13 filing date to file a chapter 7. But you could file another chapter 13.
    Answer Applies to: Oregon
    Replied: 6/15/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You can file a 13 . Whether you can get a discharge depends upon how long ago the other case was filed.
    Answer Applies to: Washington
    Replied: 6/15/2015
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