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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption