How soon after aChapter 7 can I file a Chapter 13?

[SpringSwitch]

I filed a Chapter 7 on 7/26/06 and it was discharged on 10/30/06.

I have since been sick and had my hours cut at work, and my credit cards are now behind and I have a large pile of medical bills.

When can I file a Chapter 13? I met with a lawyer, and he made it sound like I could file now. Some sources online say it's 4 years from your last bankruptcy. What's the correct answer?

[Faust]

Did you mean filed in 2006?

[justbroke]

I filed a Chapter 7 on 7/26/06 and it was discharged on 10/30/06.

I have since been sick and had my hours cut at work, and my credit cards are now behind and I have a large pile of medical bills.

When can I file a Chapter 13? I've heard a variety of different answers.

You can file Chapter 13 and receive a dicharge if you file after 10/30/2010. (The rule is that if a debtor received a discharge in the Chapter 7, they must wait until 4 years after the Chapter 7 discharge is entered, before they can file a new Chapter 13 case and be eligible for discharge.)

There's a clear distinction here that most do not understand. You can file a Chapter 13 and be in a Chapter 13, even though you have not met that 4 year test! The difference will be is that you can't receive a discharge, so it's not good for discharging debt! The good thing is, that the Chapter 13 can be used to invoke the automatic stay and to cure arrears on things like your mortgage, car, and taxes!

However, you mentioned that you have credit card debt piling up. In this case, the Chapter 13 wouldn't do anything for those becuase you wouldn't receive a discharge. If you want a discharge, you would need to wait until 10/31/2010.

11 USC 1328(f)(1)... in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter.

[coolmom04]

Sorry to hijack the thread, but if I filed ch 7 06/24/2002 and it was discharged 10/2002 (cant remeber exact date) can I go ahead and file ch 13 now with hubby and have it discharged without a problem because it has been over 4 yrs? But to file ch 7, we would need to wait until 06/24/2010 to file together, correct?

[justbroke]

Sorry to hijack the thread, but if I filed ch 7 06/24/2002 and it was discharged 10/2002 (cant remeber exact date) can I go ahead and file ch 13 now with hubby and have it discharged without a problem because it has been over 4 yrs? But to file ch 7, we would need to wait until 06/24/2010 to file together, correct?

Exactly.

[SpringSwitch]

So if I open a Chapter 13 now, it will never be discharged?

There's a clear distinction here that most do not understand. You can file a Chapter 13 and be in a Chapter 13, even though you have not met that 4 year test! The difference will be is that you can't receive a discharge, so it's not good for discharging debt! The good thing is, that the Chapter 13 can be used to invoke the automatic stay and to cure arrears on things like your mortgage, car, and taxes!

[justbroke]

So if I open a Chapter 13 now, it will never be discharged?

If you received your Chapter 7 discharge on 10/30/06, and file a Chapter 13 "now" (12/16/2009), you will not receive a discharge in your Chapter 13. Any debt that you had between the filing of your Chapter 7 (10/30/2006) would not be discharged.