Chapter 7 then a Chapter 13

[RW3]

How soon after being discharged from a Chapter 7 can I file for a Chapter 13?

I was discharged from my Chapter 7 in June of 2009
I live in Conn.
I am going through a loan mod with my mortgage company, if they don't mod I will want to file a Chapter 13 to stop the foreclosure process, as well as possible get my 2nd Mortgage lien stripped.

Thanks.

[UpsideDownMI]

You could file a chapter 13, however you will not be able to receive a discharge of any debts in any new bankruptcy case until it has been 8 years from receiving your chapter 7 discharge. That being said, the only benefit to filing a 13 is that you could catch up on any mortgage arrears. You would not be able to strip your second mortgage as you would not be eligible for a discharge until after June of 2017 which would exceed the maximum plan length of 5 years.

[HHM]

UpsideDownMI is correct except on one point, you may file a Dischargeable chapter 13 after only 4 years from when you filed your prior chapter 7. But, you can "file" the chapter 13 at any time to at least temporarily stop the foreclosure.

Odds are, without a dischargeable chapter 13, you won't be able to do a lien strip.

Big picture time, if you don't get a modification, what do you really expect to accomplish with the chapter 13. As soon as you file the case, you need to start making your "regular" mortgage payment in full and on time. If you can't afford to do that now, you won't be able to do it in a chapter 13.

[RW3]

That will work then if my loan mod dose not work out, I can file a chapter 13 to save my home. Thanks.