If Chapter 7 was previously filed, do you have to wait 7 years to file Chapter13?

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If Chapter 7 was previously filed, do you have to wait 7 years to file Chapter13?

Filed chapter 7 just over 6 years ago due to job loss and a disability. We are back in a bad position. Are we able to file Chapter 13?

Asked on March 29, 2012 under Bankruptcy Law, Pennsylvania

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

You can file chapter 13 right after chapter 7, if the chapter 7 has been resolved. However, if the chapter 7 was dismissed due to your fault, such as willful failure to appear or failure to comply with court order, you cannot file chapter 13 within 180 days after the dismissal.


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