Really Jackedup 2yrs. After Chap.7

[hopelessinva]

My Question Is, Can You File Chap. 13 After A Chap.7 That's Been Discharged? I'm Behind And Trying To Save Car And Get Rid Of Payday Loans. Is There Help Out There For Me Or Is This The End?

[rrockinggramma]

The new law places some restrictions on discharge so I think you would have to be in your chapter 13 for a least 3 years (5 is the new law?) I am not clear on the particulars, but if you file, you would save your car and take care of the all those nasty payday loans. Be sure to include ALL debt in this new filing. Get to an attorney asap.

[hopelessinva]

Thanks For Reply,

Thanx Alot For The Reply Maybe I Can Get Some Sleep Tonight, The Length Of The Chap. 13 Payback Doesn't Concern Me , It Will Give Me A Chance Just To Not Make Same Mistakes In The Past And Pay Off My Debts.oneday I'll Have Debts Paid Off Even If Credit Hopes For The Future Are Probably Shot. Are You Sure That Payday Loans Can Br Include That's My Main Concern. They're Like Bloodsuckers Take My Advice Never Ever Use These Things.

[dac67]

We are currently in a 13 and filed a chap 7 6 years ago. Can't help you with the payday loans though.

[lrprn]

My Question Is, Can You File Chap. 13 After A Chap.7 That's Been Discharged? I'm Behind And Trying To Save Car And Get Rid Of Payday Loans. Is There Help Out There For Me Or Is This The End?

You can't file Ch 13 until four years have passed after filing Ch 7.

[SinkingFast]

You can't file Ch 13 until four years have passed after filing Ch 7.

Repeat filers was one of the abuses the New Law was specifically directed at. The time required between filings was lengthened. So if you filed Ch 7 before, your only choice is to hold on until you can refile a Ch 13.

[Interlaw]

You can't file Ch 13 until four years have passed after filing Ch 7.

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************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[Hello_It's_Me!]

So, if I understand Brett's comments, you can file a Chapter 13 with a recent 7 discharge, you just can't get a discharge in a 13 within four years of the 7 discharge.

Does that mean that if someone got a discharge say 6 months ago in a 7, they could file a 13 now under a 36 month plan, then get discharged?

Or, could file a Chapter 13 now with 100% payback to keep house, etc.?

[Interlaw]

So, if I understand Brett's comments, you can file a Chapter 13 with a recent 7 discharge, you just can't get a discharge in a 13 within four years of the 7 discharge.

Does that mean that if someone got a discharge say 6 months ago in a 7, they could file a 13 now under a 36 month plan, then get discharged?

Or, could file a Chapter 13 now with 100% payback to keep house, etc.?

No, they couldn't get a discharge, since they would have filed a Chapter 7 within the previous 4 years. I usually recommend a 100% Plan in such situations, since otherwise the client emerges from bankruptcy with debt.

Brett Weiss
[email protected]

https://www.brettweiss.com/bankruptcy

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at www.brettweiss.com/bankruptcy/FAQ/br_faq.htmwww.brettweiss.com/faq/br_faq.htm.

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[tleeburks]

Lets just make sure we are giving this person the right answers. I understand that you can't give rock solid legal advice, however. The thread I just read went back and forth twice. You can, you can't, you can, you can't. This person is in deep distress and needs our help. If you don't know the answer and do not have experience i.e. being an attorney, lets don't give advice based upon what JOE THE BUTCHER told you. This is serious business and we need to give the right answers. We do not want to lose anyone through this terrible ordeal. Thanks. We are all in this together.

[hopelessinva]

Thanx For Feedback

What I'm Looking For Is Way To Pay Back My Debts So A Discharge In Chapter 13 Is Not A Problem For Me. I Need To Keep Recently Financed Car And Get Those Payday Loans Off My Back, Also Anyone Know The Cost Of Chap.13 In The State Of Virginia. I Know The Pain We All Feel Going Through Our Trying Times But We Need To Remember To Keep Our Faith Even In Our Darkest Moments. Don't Forget Each New Day Is Just That A New Day.

[CATCHMEIFYOUCAN]

Eastern State of Virginia

Catchmeifyoucan, here:

Hey there, I'm file-ing (ahhh so i cant spell) in the state of Virginia, I live in Falls Church, Va. I don't know if I'm allowed to suggest my Bk lawyer so email me: mick3y69@yahoo or send me a PM. My lawyer charged me $2000 up front, $1000 he gets paid through the plan. I can explain more and give you his website. He is a really nice lawyer! I just filed end of July and am waiting to go before the judge since the trustee didn't like my "good faith," plan my lawyer proposed.

Hope to here from ya! Catchmeifyoucan !