How long after being discharged from chapter 13 can you file chapter 7?

Answer 1

= Ans == Bankruptcy is ALWAYS in a Federal Court and under Federal Laws. (Yes, some Federal Districts use the prevailing rules regarding some things in their area...like what may be personal property compared to real property, but the overall rules are universal). YOUR STATE GENERALLY MAKES NO DIFFERENCE. Bankruptcy laws were reformed in 2005 making the time limit between chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.

Answer 2

Under the new bankruptcy law in effect as of 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.

Answer 3

However, you are permitted to file a Chapter 13 bankruptcy anytime after filing Chapter 7. Chapter 13 is a repayment of none, some or all of your debt over three to five years. Most or all of your creditors are lumped together into one large pool. Then, you make payments each month to the lawyer assigned to your case, called a liquidator. The liquidator distributes your payment to the creditors.

There is some issue that you should know about while filing chapter 13 after chapter 7.

• 1. If you file Chapter 13 within four years of filing Chapter 7, you cannot discharge your debts after you complete the three- to five-year Chapter 13 plan. You can still file the Chapter 13 to keep creditors from suing you, garnishing your paychecks or levying your bank account. This may require filing another Chapter 7 bankruptcy when you have passed the eight-year mark.

• 2. If you file Chapter 13 four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan. For example, you could pay as little as $100 a month for three years in a Chapter 13, paying very little to your creditors and yet still discharging the remaining balances owed.