The rules are available at every bankruptcy court's website, as well as links to the statutes and other resources. Be sure to look at the local rules as well.
A Chapter 7 can be filed with an open Chapter 13.
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
Yes, you can covert a chapter 13 to a chapter 7 and vice versa.
6 Years from the date of filing of the Chapter 13. (Only because it was converted).
A chapter 13 bankruptcy can be filed if it has been at least 4 years from the date of the discharge of a chapter 7. Nonsense. You can file a chapter 13 the day after the 7 is closed. You may not be eligible for a discharge, but the point of doing a "chapter 20" is usually to dump the unsecured debt in the 7 and use the 13 to get caught up on the mortgage, for which no discharge is necessary.
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
You can file a chapter 13 bk, but NOT another chapter 7.
A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years
There are many laws surrounding mortgage bankruptcy in the US. Chapter 7 and 13 highlight these rules, when someone discharges from all their debt, or sets up a repayment plan.
No, you can't have two separate bankruptcies at once. If you are under a chapter 13, and are no longer able to make your plan payments, then you can convert your case from a 13 to a 7.
= 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.
You file a motion to convert to chapter 7. If you are eligible, then the court should grant it.