If 7 years ago I filed for Chapter 13 and it was discharged last year but circumstances are leading me into another bankruptcy, can I now file for Chapter 7?
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If 7 years ago I filed for Chapter 13 and it was discharged last year but circumstances are leading me into another bankruptcy, can I now file for Chapter 7?
Asked on July 26, 2014 under Bankruptcy Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since your first discharge was granted under Chapter 13, you cannot receive a discharge under a Chapter 7 case that is filed within 6 years from the date that the Chapter 13 was filed. The only exceptions to this waiting period are:
- if you paid all of your unsecured creditors in full under your Chapter 13 plan, or
- if you paid at least 70% of the claims in the Chapter 13 and the plan was proposed in good faith and you used your best efforts to repay them.
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