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Bankruptcy Law

How long after bankruptcy can you file chapter 7 and can you file chapter 13 after chapter 7?

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2007-10-11 13:34:14
2007-10-11 13:34:14

You have to wait 2 years, in Tennessee anyway, between filings.

= 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.

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You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.

An unfortunate aspect of Chapter 13 bankruptcy plans is that the budget is very strict and hard to keep. An individual having problems with the chapter 13 bankruptcy can convert into a chapter 7 bankruptcy or re-file altogether. Make sure to look into the changes and different effects that a chapter 7 (as compared to Chapter 13) will have on you.

: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.

Yes, as long as you keep making the payments.

You can file as many as you want however you should wait 8 to 10 years before you can file another chapter for bankruptcy.

Yes, that is what we call a chapter 20 bankruptcy, but they are very complex.

Yes, there are no time limits for filing a Chapter 13 bankruptcy.

If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.

No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.

No. Only one bankruptcy at a time.

You can file bankruptcy together or individually when you are separated. What happens in your separation could affect your ability to file Chapter 7 and you may have to file Chapter 13 instead.

Bankruptcy is a federal procedure (a few states may have state bankruptcy laws), so the law is the same in every state, except for local forms and procedures). You can still file a "Chapter 20" (7+13).

Yes. But in California, you can not have more than ~$330,000 of unsecured debt if you are going to file for Chapter 13. Check your local bankruptcy rules to see if you qualify for chapter 13 bankruptcy based on your debt.

You can file again in 8 years. You can only file Chapter 7 once every 8 years. You could file a Chapter 13 or vice versa but not the same chapter.

Yes- a chapter 7, but not chapter 13, as that requires a regular income.

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.

It is possible for the married couple to file a chapter 13 or in some instances a chapter 11.

A previous Chapter 13 bankruptcy filing will have an effect on your eligibility to file a Chapter 7 bankruptcy. For instance, if your Chapter 13 was dismissed, you will have to wait 180 days from the date of dismissal, whereas if you filed Chapter 13 and repaid at least 70 percent of your debts, you will be able to file a petition for Chapter 7 bankruptcy anytime thereafter. In contrast, if you received a complete discharge under Chapter 13, or you did not repay at least 70 percent of your unsecured debt, you will have to wait at least six years to receive a discharge.

You can file either Chapter 7 or Chapter 13 as a homeowner. If you are trying to save the home from foreclosure, then Chapter 13 would be the proper chapter.

Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.


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