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Chapter 13 permits debtors to receive a discharge, but only after a payment plan between 3 and 5 years. You would need to file a petition for discharge under Chapter 13 with the Clerk of the Bankruptcy Court in your district. This petition will include schedules of all of your debts and creditors. Within 14 days, a debtor needs to propose a plan for repayment or adjustment of all debts within a 3 to 5 year period. If the plan is approved by the court, repayments begin within 30 days. It is highly recommended that you seek the advice of a local bankruptcy attorney in a Chapter 13 Petition. See Argyle Publishing's Guide https://www.argylepub.com/shop/bankruptcy-book-lawyers-attorneys-chapter-7-13/ for more information.
What else can I help you with?
How long does it take after a bankruptcy is discharged to show on your credit report?
The amount of time a bankruptcy stays on your credit report after discharge differs between Chapter 7 and Chapter 13 Bankruptcy. With Chapter 7 bankruptcy, the Chapter 7 stays on your credit report for 10 years. Chapter 13 bankruptcy, after discharge, it shows for 7 years on your credit report.
Can you file chapter 13 bankruptcy after you have filed a chapter 7 in Indiana?
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.
If you had bankruptcy in 2004 can you file for bankruptcy again?
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.
When can you refile bankruptcy after a previous bankruptcy discharge?
That depends on your situation. If you have filed but not received discharge of debt, then you may refile immediately. If you filed for chapter 7 and received discharge of debt, then you can file eight years after discharge date for chapter 7. If filed under chapter 13 and received discharge of debt, can refile after two years for same chapter 13. http://www.jacksonwhitelaw.com/what-we-do/get-help-filing-for-bankruptcy/ If the first bankruptcy, C. 7, was dismissed for cause, you have to wait 180 days before refiling. If you file a C. 7 and get a discharge, you can file a C, 13 immediately after the 7 is closed, called a "Chapter 20" by bankruptcy lawyers who know what they are talking about.
Can you file for chapter 13 bankruptcy more then once?
Yes, but if you have previously filed a chapter 7, you must wait 4 years before allowed a chapter 13 discharge.
How long do you have to wait in order file file chapter 7 bankruptcy again?
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.
If you file chapter 13 and have a foreclosure are you still able to obtain financing for a home?
Absolutely, there are many programs available to assist existing home owners as well as home buyers with financing home loans after bankruptcy and foreclosure. To obtain a home loan while currently in a chapter 13 bankruptcy it is very important to establish a good payment history. The company that will approve you for a home loan will need to have your payment history. They will also contact the trustee of your chapter 13 bankruptcy to receive permission or an ok to proceed with your home loan. To obtain a home loan after chapter 13 bankruptcy you will need to provide the following to your loan officer. Original schedules of your bankruptcy Discharge documents of your bankruptcy Proof that you have a satisfied discharge Proof that you have established new credit To obtain a home loan after a foreclosure. Maintained or established new credit Applying for an FHA Home Loan there is a waiting period of three years after the foreclosure proceedings have been completed. For Conventional Home Loans you will need to wait five years. Frank Thomas Sr. Loan Consultant www.lowermymortgageratestore.com 480-621-4270
Can you file chapter 13 bankruptcy in June 2010 after filing chapter 7 bankruptcy in June 2006?
You can file Chapter 13, but you would need to pay all creditors in full because you are not eligible to receive a discharge. If you want file Chapter 13 and receive a discharge, you must wait to file until 6 years have passed since your Chapter 7 case. You would to wait 7 years if you want to file another Chapter 7 case.
How often can you file for bankruptcy?
Currently, basically as many times as you can stay within these guidelines: Under 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.
If You Filed chapter 7 in 2002 can i refile?
Under the new Bankruptcy laws you must now wait 8 years before filing another Chapter & or Total Bankruptcy as it is better know. You may be eligible to file if eligible a Chapter 13 to structure repayment to those creditors.
Can you file bankruptcy more than once?
Yes about every 7 years. * A chapter 7 can be filed 8 years after a previous chapter 7 discharge. A chapter 13 can be filed 4 years after a discharge of a BK 7, 11 or 12 and two years after a discharged 13.
Bankruptcy discharged 7 years ago can you file again?
The consumer is eligible to file for a chapter 7, six years after the discharge of a previous one. Although bankruptcy courts are begining to be reluctant about it. It's becoming more common that,if a debtor can pay as little as $100 a month the court will only accept a chap. 13 filing.
