Chapter 20 (Filing Chapter 7 Bankruptcy then Filing Chapter 13 Bankruptcy)

[LandOnMyFeet]

Illinois Resident Question:

Through Internet research (because if its on the Internet is has to be factual - right?) and on various Attorney websites there are discussions of filing for a Chapter 20 Bankruptcy. Chapter 20 Bankruptcy must be slang for filing a chapter 7 Bankruptcy discharging all unsecured debt and when discharged immediately filing for a Chapter 13 Bankruptcy to restructure various mortgages or other secured debts. Now it claims there are many benefits to Chapter 20 Bankruptcy but the largest pitfall is the "bad faith filing objections" that will be sure to be part of the Chapter 7 Bankruptcy. Several law firm website site note they can beat the Chapter 7 means test but don't discuss the perils of "bad faith filing objections".

Has anyone been involved with a Chapter 20 Bankruptcy or know how to overcome/address the "bad faith filing objections" that will surely take place?

[despritfreya]

Chapter 20's (7 then 13) are not uncommon,are done for very specific purposes, and are suggested when one does not "qualify" from day one for a Chapter 13. Here in the 9th Circuit, "bad faith" is rarely an issue and most case law is in favor of the debtor. Typically the back end of the 20 (Chapter 13) is done to deal with such matters as:

1. Paying non-dischargeable taxes over the life of the Plan (3 to 5 years) - thus forcing a repayment plan upon the taxing agencies.

2. Stripping off a wholly unsecured 2nd mortgage.

3. Stopping the foreclosure of a home by curing and maintaining.

There are other reasons but those are the typical. In the above instances, bad faith rarely comes into the mix since case law in the 9th Cir. favors the debtor. I assume case law in other Circuits is similar.

Now, if you are dealing with an issue outside of the "norm" you will need to elaborate as to what it is. Then, maybe I can get a feel for whether or not you are dealing with a nasty "two party dispute" that could raise the specter of "bad faith" if a "Chapter 20" is attempted. I suspect there is a DR matter pending?????

Des.

[justbroke]

Thanks Des.

I have personally never heard of "bad faith filings... (that) will surely take place". Unless, you have a third party, as Des writes, that is just going to throw invective into the mix just purely because they hate you.

[despritfreya]

LandOnMyFeet

Reading your other posts, it appears that you are not a good candidate for a Chapter 7 (rental properties, non exempt equity, partnership). Not sure why you are asking about a chapter 20 or why you are concerned over "bad faith". Are you above the debt limit for a 13? If so, discuss a Chapter 11 with a well qualified bk attny.

Des.