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.
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.
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