top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Chapter 13 after chapter 7

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Chapter 13 after chapter 7

    Ok I have a general question. Is if possible to file chapter 13 2 years after filing chapter 7 (and it discharged), if you are not seeking a discharge for the chapter 13?

    #2
    Originally posted by sherrenee View Post
    Ok I have a general question. Is if possible to file chapter 13 2 years after filing chapter 7 (and it discharged), if you are not seeking a discharge for the chapter 13?
    I'm not sure if this is correct, but I thought I was always told that there has to be 8 years between two Ch 7's, and four years between a Ch 13 and Ch 7.
    Filed: 5/22/07; 341 Hearing: 6/27/07;
    Confirmed: 8/13/07; DISCHARGED 4/17/2012

    Comment


      #3
      You are not eligible for a Chapter 13 discharge unless you file the 13 more than 4 years after the date you filed your previous Chapter 7. However, you can file a Ch 13 now even though four years hasn't passed to use the 13 as a way to force secured creditors to accept a court-approved payment plan.

      Folks who find themselves in tax trouble or mortgage difficulties after their 7 is closed can find filing a 13 as a way to get out of those troubles as long as the taxes or mortgage arrears can be paid in full by the end of the 13. The second 13 won't help much with unsecured creditors unless those can all be paid in full (or close to it) by the end of the 13 as well.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Originally posted by lrprn View Post
        You are not eligible for a Chapter 13 discharge unless you file the 13 more than 4 years after the date you filed your previous Chapter 7. However, you can file a Ch 13 now even though four years hasn't passed to use the 13 as a way to force secured creditors to accept a court-approved payment plan.

        Folks who find themselves in tax trouble or mortgage difficulties after their 7 is closed can find filing a 13 as a way to get out of those troubles as long as the taxes or mortgage arrears can be paid in full by the end of the 13. The second 13 won't help much with unsecured creditors unless those can all be paid in full (or close to it) by the end of the 13 as well.
        Yes that would be what I would want it for. I have a second mortgage that is an ARM and housing vaules have dropped so no one is wanting to refinance. We don't have any unsecured debt so I am not looking to get rid of any, I just need to keep my house.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X