0
How long do you have to wait to file a chapter 7 bankruptcy after you have filed for a chapter 13 bankruptcy?
Wiki User
∙ 13y ago
The new bankruptcy reform legislation will dramatically change how long someone must wait to file bankruptcy if they have previously received a discharge. Under the current law, a debtro can file Chapter 7 again if it has been more than 6 years since he or she was discharged from the previous Chapter 7 bankruptcy. Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Wiki User
∙ 18y ago
Wiki User
∙ 14y agoIf you were unable to maintain the rather strict debt management plan in a chapter 13 bankruptcy (as is very often the case) then you are allowed to switch and file for bankruptcy under chapter 7 one time. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.
Before doing this you really should familiarize yourself with the differences.
Wiki User
∙ 13y agoUnder the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.
The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
The above notes discharge dates. There are methods to convert an active Chap 13 to a 7.
Wiki User
∙ 18y agoUnder the new law the covers all bankruptcies filed on or after 10/17/05, you would need to way 4 years to file for Chapter 13.
Wiki User
∙ 14y agoYou can file Chapter 7 once, every seven years
Add your answer:
Earn +20 pts
In Kentucky How long after bankruptcy can you file chapter 7 and can you file chapter 13 after chapter 7?
You can file bankruptcy again 7 years after the last time you filed.
If you filed a chapter 7 bankruptcy in mi and it is discharged how long do you have if you need to file an amendment?
If you filed a Chapter 7 bankruptcy in MI and it is discharged, you can amend whatever document you want at any time. It does not matter whether it is during the process of bankruptcy or after the discharge.
How long do you have to be unemployed to file chapter 7?
You do not have to be unemployed to file bankruptcy.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
How long do you have to wait to file another chapter 7 if you filed one before the new bankruptcy laws took affect?
8 years from the date of discharge of the previous chapter 7.
How long do you have to wait to file bankruptcy again in Georgia?
If it is a Chapter 7 Bankruptcy, you have to wait 8 years before you can file it again.
How long do you have to wait to file bankruptcy after last bankruptcy?
You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.
How long after a chapter 7 bankruptcy can you file another chapter 7in the state of Tennessee?
Bankruptcy is Federal jurisdiction, therefore, the state has nothing to do with it. Usually, when you file bankruptcy, you cannot file for another 7 years, Period. No matter which state you live in.
How long do you have to wait to file chapter 13 bankruptcy in Louisiana after you filed chapter 7 bankruptcy in Arkansas a few years ago in?
Assuming the chapter 7 led to a discharge, you may be able to file chapter 13 immediately, but the automatic stay may not last long without a motion to extend it indefinitely. If the filing date of the 7 was 10 years ago, you should not have this problem. Not all bankruptcy courts have interpreted the statutes and regulations the same way, so consult a local bankruptcy lawyer. Bankruptcy is a federal procedure in most states, and is the same from state to state, more or loss.
How long should a person wait after a chapter 13 bankruptcy is dismissed to file income taxes for that year to guarantee to receive the refund?
You have to file your income taxes yearly regardless of whether you have filed for bankruptcy or not. Yes, IRS may garnish your refunds to pay toward your debts. If your bankruptcy is over however, you don't have to worry about that.
After 10 years could you go back into bankruptcy?
Yes, after a bankruptcy has been discharged (a 10 year period if chapter 7 was filed), the possibility of filing bankruptcy again is open. If you live long enough, you can file several times. This gives new meaning to the phrase, "Live long and prosper."
In Maryland how long does a bankruptcy stay on your credit report?
Chapter 7 will stay on your credit report for 10 years from the date bankruptcy was filed. Chapter 13 typically stays on your credit report for 7 years from the date the bankruptcy was filed, however, can remain on your credit report for 10 years.
