When can you file chapter 7 bankruptcy after filing chapter 13 bankruptcy? 15 Answers as of February 14, 2011

Once you file a chapter 13 bankruptcy, how long before you can you file a chapter 7 bankruptcy?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
There are several possibilities. I depends on what percentage was paid to the unsecured creditors. If you paid them less than 70% you have to wait 6 years.
Answer Applies to: California
Replied: 2/9/2011
Law Offices of J. L. Haddock, PLLC
Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
It truly depends on how the Chapter 13 ended. Specifically, it depends on what percentage of your unsecured debt you paid during your Chapter 13 Repayment Plan. If you paid more than 70% of your unsecured debts as a best effort, then you can immediately file under Chapter 7. If you paid less than 70% of your unsecured debt and received a discharge* of the remaining unsecured debt, then you must wait until six years have passed from the filing date of your Chapter 13 in order to file under Chapter 7.

*Please note that if you did not receive a discharge in your Chapter 13 case, then you may file a Chapter 7 immediately. I mention this because many Chapter 13 cases are dismissed before discharge for any number of reasons. When this happens, there is no time limit required in order to file under Chapter 7.

I hope this information helps.
Answer Applies to: Michigan
Replied: 2/3/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
You cannot be discharged from a Chapter 7 Bankruptcy if you have received a discharge under s1328 in a case commenced within six years before the date of the filing of the Chapter 7 petition; unless the Chapter 13 plan paid 100% of the unsecured or 70% of such claims under a good faith and best efforts plan.
Answer Applies to: California
Replied: 2/2/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
It depends on hat percentage of the unsecured claims were paid in the chapter 13, if less than 70%, then 6 years.
Answer Applies to: South Dakota
Replied: 2/2/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If you are still in a 13 you can convert to a 7. Otherwise you can file a 7 immediately unless you received a discharge in the 13, then you must wait 8 years.
Answer Applies to: Tennessee
Replied: 2/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    After having filed a successful Chapter 13 that led to discharge, you can file a successful Chapter 7 six (6) years later. In short, file Chapter 13, then wait 6 years minimum to file Chapter 7 (if you received a discharge in your Chapter 13). If your Chapter 13 was dismissed, can file Chapter 7 any time after dismissal.
    Answer Applies to: California
    Replied: 2/2/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    If you received a discharge in the Chapter 13 case, you have to wait until four years from the date of filing. If you did not receive a discharge, you can file right away, but I would advise hiring competent counsel because there are certain issues related to the stay that may require more than just the petition, depending on how long has passed since the filing.
    Answer Applies to: California
    Replied: 2/2/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    The time period may vary because different states may have different Local Rules so you should ask a lawyer in your state. If you are in a situation where you have filed for chapter 13 but are having difficult making the monthly payments and are trying to find out about converting from a Chapter 13 to a Chapter 7: I think the answer is that you can do so anytime.
    Answer Applies to: New Jersey
    Replied: 2/2/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    If you received a chapter 13 discharge, then you generally must wait 6 years (from date of filing of the chapter 13) to file a chapter 7 bankruptcy, UNLESS payments under the chapter 13 plan paid 100% of allowed unsecured claims, OR payments under the chapter 13 plan paid 70% of allowed unsecured claims and plan was proposed in good faith and was debtor's best effort.
    Answer Applies to: Colorado
    Replied: 2/2/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    If you received a "discharge" of your debts under either chapter, you cannot receive a discharge again for 8 years. If you're currently in an active chapter 13 case, you can convert the case to chapter 7 any time, if you qualify.
    Answer Applies to: California
    Replied: 2/2/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    This is a little tricky and depends on facts you didn't provide. First of all, assuming you're otherwise eligible, you can file any chapter of bankruptcy at any time. The issue is whether you can receive a discharge in that chapter at a given time.

    If you received a discharge in your Chapter 13 case, then you can file and receive a discharge in a Chapter 7 case 6 years after the date your Chapter 13 case was FILED. However, if your Chapter 13 case paid 100% of the allowed unsecured claims, or 70 percent and the plan was proposed in good faith and "best efforts" were made (this includes providing all available income into the plan each month and other factors), then there is no time limit to filing a new Chapter 7 case.
    Answer Applies to: California
    Replied: 2/2/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    Depends whether your Chapter 13 was discharged and what percentage was paid to unsecured creditors. You can only discharge (get rid of) unsecured debt once every 8 years.
    Answer Applies to: California
    Replied: 2/2/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    The question is whether you can receive a discharge in the subsequently filed case. If your chapter 13 plan paid less than 70% of claims, you can't receive a chapter 7 discharge for 6 years after the date that the prior bankruptcy case was filed. If you chapter 13 plan paid more than 70% of claims and was proposed in good faith, there is no mandatory waiting period.
    Answer Applies to: California
    Replied: 2/2/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    You can file a Chapter 7 bankruptcy 6 years after you filed a Chapter 13 bankruptcy. If your Chapter 13 bankruptcy was dismissed without prejudice, then you can file a Chapter 7 bankruptcy immediately.
    Answer Applies to: Florida
    Replied: 2/2/2011
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