Have question reg file for Ch 13 after a Ch 7

[psa10]

Filed chapter 7 in Texas back in 8/18, discharged 1/19, have had serious problems with matters in regards to lack of overtime and may have to file a ch 13. Do I have to wait a full 4 years to obtain a ch 13 discharge at this point?

Got caught up with pay day loans and credit cards. Since I’m in Texas am I just better off not paying and waiting for 2 more years to file a ch 13? Amounts are under $1,200 or so from each creditor.

Made serious credit mistakes. Not going to lie but am a gambling addict and need help, have been struggling for years with this.

[justbroke]

To file a Chapter 13, the time period is 4 years from when you filed a Chapter 7 in which you received a discharge. Since that was 8/2018, you cannot "receive" a discharge in a Chapter 13 unless you wait until 8/2022.

If you don't need the discharge, you may still be able to file a Chapter 13. You would need to propose a 100% plan and pay everything since you wouldn't receive a discharge. Otherwise a non-discharge Chapter 13 is useless. Additionally, the Chapter 13 Trustee may certainly question whether filing so early is a "bad faith" filing and may also really want to know if gambling is out of your system. As you know, bankruptcy will not fix a gambling addiction.

I don't know how long you could wait out the creditors. Payday loan companies may be aggressive while smaller balances may keep credit card companies from using every tool that they have (such as lawsuits).

Have you considered a debt-management company? I usually don't recommend them when bankruptcy is an option, but bankruptcy is really not an option here. They "could" keep the creditors at bay, negotiate the balances down, and put you on a payment plan.