Am I eligible to file a chapter 13 if I was discharged from one before? - Bankruptcy Law Questions and Answers- LawQA.com

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Am I eligible to file a chapter 13 if I was discharged from one before?

My mortgage is in jeopardy for $4000. The hospital has a lien on the house for $4000. I need to save the property.

Mercado & Hartung, PLLC
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How long ago did you receive your discharge?

Answer Applies to: Washington
Replied: 1/17/2012

Answer By Jim Underhill
Neighborhood Law Office, P.C.
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However, the answer is yes, you can file a Chapter 13, even if you filed a Chapter 7 and received a discharge less than 8 years ago. Chapter 13s can be filed at any time. Moreover, it may be possible to have the lien from the hospital debt removed from the house.

Answer Applies to: Colorado
Replied: 12/28/2011

Answer By Kevin Heupel
Heupel Law
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Yes, you can file Chapter 13 and depending on when you filed your earlier case, you may be able to remove the lien as well.

Answer Applies to: Colorado
Replied: 12/28/2011

Answer By J.M. Cook

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There are specific timing deadlines relating to discharge and stay provisions. However, there is no time limits for refiling; you may simply not be eligible to receive a discharge of a debt. That wouldn't affect your ability to file a new plan to address the shortfall on your mortgage.

Answer Applies to: North Carolina
Replied: 12/27/2011

Bankruptcy Law office of Bill Rubendall
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You cannot receive a discharge in chapter 13 unless you file a subsequent case after 2 years from the date of discharge. If you are not eligible for a discharge you can still file a case. For example, if you have a secured judgment lien on your house or home arrears you can pay these debts in a subsequent chapter 13 without receiving a discharge of debts. Once the debts are paid the case will be closed.

Answer Applies to: California
Replied: 12/22/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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In almost all cases, Yes. To file a chapter 13 after a previous Chapter 13 (with discharge), one need only wait 2 years between filing dates.

Answer Applies to: Colorado
Replied: 12/22/2011

Carballo Law Offices
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You can file a Chapter 13 anytime to stop the sale and pay the arrears on the home but you are not eligible for a discharge in that new case if you filed a Chapter 7 in the last 4 years or a Chapter 13 in the past 2 years. You might not need a discharge if you are filing to pay the mortgage arrears in the Chapter 13 Plan. However, you might not be able to discharge the hospital bill. You obviously need to talk to a bankruptcy attorney about your eligibility for a discharge in a Chapter 13 case.

Answer Applies to: California
Replied: 12/22/2011

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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You can file another chapter 13 two years after your prior chapter 13 discharge.

Answer Applies to: New York
Replied: 12/22/2011

Answer By Thomas G Gill

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You are eligible for a second chapter 13 discharge if it has been more than two years since the previous chapter 13 discharge. However, if the only debt is mortgage arears, you can file another 13 to address the arrears without the need for a discharge.

Answer Applies to: Maryland
Replied: 12/22/2011

Answer By Michael Johnson
Law Office of Michael Johnson
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Yes you can file another chapter 13. You may need to consult with an attorney as there are particular motions that may need to be filed.

Answer Applies to: Florida
Replied: 12/22/2011

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