After filing Chapter 7, When Can I File Chapter 13?

After filing Chapter 7, when can I file Chapter 13?

After you file a Chapter 7 bankruptcy, you are cannot file another Chapter 7 bankruptcy for 8 years However, you can ALWAYS still file Chapter 13 bankruptcy any time after filing Chapter 7. You will always be eligible for Chapter 13 as long as you have some form of regular income.

If you have already filed a Chapter 7 and received the discharge, you can’t file another Chapter 7 case for eight years. The eight year period is measured from the day that your Chapter 7 case was filed, not the when the case was actually discharged. A discharge is the order that makes you no longer legally responsible for the debts listed in your bankruptcy.

Here is an example of how to determine when you are eligible to file Chapter 7 bankruptcy again. If you filed your case on January 1, 2005, then the first date you are eligible to file another Chapter 7 is approximately on January 1, 2013.

If you are not eligible to file a Chapter 7, you are most likely eligible to file a Chapter 13. In the Chapter 13 you will have to make a small payment each month.

Some Chapter 13 cases will not be able to get a Chapter 13 discharge:

* If you file Chapter 13 within four years of filing the Chapter 7, your debts cannot be discharged after you complete the Chapter 13 plan. You can still file the Chapter 13 to prevent creditors from harassing you, suing you, or garnishing you. Many creditors will also just give up on collecting if you finish the plan. However, if you are in this situation, you may have to file another Chapter 7 when the eight years have passed.

* If you file Chapter 13 four years after filing the Chapter 7 bankruptcy, you WILL receive a discharge of debts at the end of the Chapter 13. You could have a very low monthly payment for 3-5 years and then all the rest of your remaining debt would be discharged at the end of the Chapter 13 plan.

After you file Chapter 7 bankruptcy, your options are limited if you need to file before 8 years pass. However, many times if you have an experienced bankruptcy attorney like John Bymaster, the attorney will be able to help you come up with a plan that will help you. This may include filing a Chapter 13 bankruptcy.



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