If you file a chapter 7 this year and it gets discharged, how soon can you file chapter 13 to repay the things that weren't allowed in the chapter 7? 17 Answers as of November 01, 2013

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Law Office of Thomas C. Phipps | Thomas C Phipps
There is no time limit.
Answer Applies to: Missouri
Replied: 11/1/2013
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
You can file a chapter 13 right away assuming you are going to pay 100% of what you owe back because you are not able to receive a discharge in a Chapter 13 until 6 years after the commencement date from your last bankruptcy you filed. A Chapter 13 is a 36 or 60 month repayment plan bankruptcy.
Answer Applies to: Florida
Replied: 9/26/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can file as soon as the trustee closes your chapter 7 case.
Answer Applies to: Nevada
Replied: 9/17/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
If you are otherwise eligible, you can file a Chapter 13 as soon as you get your discharge. You would have to pay every one in full and you would not be eligible for a discharge.But the stay in the new case would protect you while you are making payments under the plan.
Answer Applies to: Georgia
Replied: 9/17/2013
Law Offices of David A. Tilem | Michael Avanesian
There is currently an appeal pending that will decide the issue but for most judges in the central district, you can file the next day. Remember, you won't get a Chapter 13 discharge but that's fine because you're not looking for a discharge but a repayment of the remaining amounts. This is called a Chapter 20.
Answer Applies to: California
Replied: 9/17/2013
    Armstrong Kellett Bartholow P.C.
    Armstrong Kellett Bartholow P.C. | Gary Armstrong
    You can generally file a Chapter 13 right away. But usually you are better off just filing the 13 in the first place. This is a question best discussed in the privacy of your attorney's office where the pros and cons can be discussed in detail.
    Answer Applies to: Texas
    Replied: 9/17/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You may file a Chapter 13 immediately after receiving your chapter 7 discharge. You receive a chapter 7 discharge in approximately 90 to 120 days after filing.
    Answer Applies to: Nevada
    Replied: 9/17/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    As soon as your discharge order is entered and the case is closed you can file a Chapter 13 case.
    Answer Applies to: Georgia
    Replied: 9/17/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Right away, as long it is a 100% pay back.
    Answer Applies to: California
    Replied: 9/17/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    While you can file at anytime, you would only be able to receive a discharge if it was after 4 years of the previous filing.
    Answer Applies to: New Jersey
    Replied: 9/17/2013
    Danville Law Group | Scott Jordan
    What exactly is not allowed in the Chapter 7? Are you trying to strip a lien? To answer your specific question, you can file the 13 immediately after receiving the discharge in the 7. However, be aware that you will not receive a discharge in the 13. Why not just file the 13 and devise a plan that meets your goals?
    Answer Applies to: California
    Replied: 9/17/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You may file a 13 as soon as the 7 is complete, but nothing will be discharged unless you wait 4 years to file. There are some debts which can be discharged in a 13 and not in a 7 so it is only for those debts that you would wait. See an attorney about this because when you file consecutive bankruptcies there may be other issues as well.
    Answer Applies to: Wisconsin
    Replied: 9/17/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    Anytime unless you want a discharge.
    Answer Applies to: Florida
    Replied: 9/17/2013
    Bordeaux Law, P.C.
    Bordeaux Law, P.C. | Clifford Bordeaux
    You are eligible to file immediately if you want to repay mortgage arrears or other secured debts. You would not be eligible in the case for a discharge, though, so any new unsecured debts would not be discharged.
    Answer Applies to: California
    Replied: 9/17/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    4 years.
    Answer Applies to: New York
    Replied: 9/17/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    3 years
    Answer Applies to: New York
    Replied: 9/17/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Speak with an attorney. You can file a chapter 13 right away but you would not be eligible for another discharge. You also might have to file a motion to extend the automatic stay beyond 30 days.
    Answer Applies to: Colorado
    Replied: 9/17/2013
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