If I filed a chapter 7 bankruptcy in 2006, can I now file a chapter 13? - Bankruptcy Law Questions and Answers- LawQA.com

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

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

Answer By Mengjun Qiu
The Law Offices of Kristy Qiu
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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

Answer By Marvin Wolf
The Law Office of Marvin Wolf
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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: 9/30/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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Yes, you can file a Chapter 13 but you may not be able to get a discharge of debt.

Answer Applies to: Indiana
Replied: 9/29/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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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: 9/29/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, you can. It is 4 years between filing a chapter 7 and a chapter 13.

Answer Applies to: California
Replied: 9/29/2011

Answer By Spencer Hale
Jackson White, PC
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Yes.

Answer Applies to: Arizona
Replied: 9/29/2011

Answer By Michael Johnson
Law Office of Michael Johnson
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Not to get a discharge but you cam file to limit payments.

Answer Applies to: Florida
Replied: 9/29/2011

Answer By Dan Wilson
Dan Wilson Bankruptcy
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Yes.

Answer Applies to: Colorado
Replied: 9/29/2011

Answer By Daniel Moulton
Law Offices of Daniel Moulton
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Yes.

Answer Applies to: Illinois
Replied: 9/29/2011

Answer By John G. Merna
The Merna Law Group, PC
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Yes, you are eligible to file a Chapter 13. You would also be eligible to what is called a "low-percentage plan". This means you could pay practically nothing back to your unsecured creditors (credit cards, medical bills, signature loans, etc.).

Answer Applies to: Virginia
Replied: 9/29/2011

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