I filed chapter seven bankruptcy2 years ago and have been discharged, is it possible to file for a Chapter 13 now?

Asked on July 25, 2010 under Bankruptcy Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is my understanding that you can file a Chapter 13 after you have filed a Chapter 7 but that there will be some specific limitations on what you will be permitted to claim and do.  And you will not be able to receive a Chapter 13 discharge until a specific time has passed since the Chapter 7 discharge (it may be 4 years as it is in other states but you will need to check if this is state specific or the federal law; the clerk in the bankruptcy court in your area would probably be able to tell you).  Chapter 7 discharges debt while Chapter 13 allows you to repay it.  Generally no "new debt" accumulated since your Chapter 7 filing can be discharged in the Chapter 13 filing.  Seek help from a debt counselor in your area.  Good luck.


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