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How long before you can file a 13 again?

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    How long before you can file a 13 again?

    I have a client who filed a 13 to keep his home, then it was converted to a 7 and discharged.

    We've been able to hammer down his first mortgage payment by 2/3, but I still have to work on the second.

    The second appears to me to be completely unsecured (effectively), so before I do anything with it, I was wondering if he could file a 13 on this and strip it.

    His attorney told him that he wouldn't be able to file BK again for 8 years.

    But, because of all the gawdawful advice his attorney gave him- particularly with regards to his foreclosure, I wanted to check on this.

    It was my understanding that the waiting rule applied only to Chapter 7.

    So again, my question: if you've filed a 13, converted to 7, and gotten a discharge, can you file another Chapter 13?

    Thank you.

    #2
    I think you can file CH 13, but the 13 might not close or something like that? I know I've read of similar situations on here, and that's my best memory of the situation, but try a search and see if you can find the thread I'm remembering because I know this information is posted somewhere, I just don't remeber by who or when.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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