Dischraged Chapter 7: Chapter 13 can be filed when?

[jbunton]

I had a Chapter 7 bankruptcy discharged in April 2005. I want to file a Chapter 13, anybody know how long you have to wait before you can file - or any good weblinks to read?

I've contact a lawyer's office; however, no return call in three days. Additionally, nothing on the web that states this question specifically.

Thanks for any feedback.

Signed,

In Debt

[coma]

Please, someone, correct me if I'm wrong...I think it's 4 years betweent he discharge of the 7 and the discharge of the 13.

[CAB_44]

coma~
why would you convert from a 7 to a 13? If you don't mind me asking?
Dang guys~ I"M TOTALLY CONFUSED......and I'm NOT even USING drugs.....maybe I NEED some............

[lrprn]

Please, someone, correct me if I'm wrong...I think it's 4 years betweent he discharge of the 7 and the discharge of the 13.

You're right about the time between a discharged Ch 7 and filing Ch 13, coma. A debtor cannot file for a Chapter 13 bankruptcy if he has received a discharge under Chapters 7, 11 or 12 less than 4 years ago, or if the debtor already received a discharge under Chapter 13 less than 2 years ago.

[coma]

coma~
why would you convert from a 7 to a 13? If you don't mind me asking?
Dang guys~ I"M TOTALLY CONFUSED......and I'm NOT even USING drugs.....maybe I NEED some............

I need some too - it was convert or be dismissed!

Sorry to hijack, but here it is:

We filed on 10/13, old law, of course. We had about 76k of debt. we're well under the median, and we have no out of line expenses, but we came in at about 189 inthe hole.

341 went great and one week later, we got a MTD for substantial abuse...we got an attorney, who cut a deal with the devil, i mean, UST, and got us a low payment, but we're only paying back 10,080...2200 to the attorney and 1080 to the UST, so less that 10% to creditors... the attorney told us that they picked on us because we were pro se, had primarily consumer debts, and filed at the wire, though it was contemplated for a few months. I also heard that the higher-ups were looking at cracking down here in particular, because of the high incidence of shady filings...it was sucky all around, and if we hadn't felt backed into a corner, we probably would've dismissed and dealt for a while, until we were eligible to file somewhere else, once we move. (he's military and we won't be here but another year or so...less if we can help it)

[CAB_44]

I see.....this part is making sense now~
Thanks for the info~ I'm SSOOO new on all of this myself.
I had never thought about BK, infact....I always said it wasn't an option....then the walls just came tumbling down....I have had enough~
I've made payments on time w/ CC for over 15 yrs now, and I'm sick of them finding new ways to jack up the interest...the latest one was they said it took 14 days for them to receive my payment that went 2 hours drive down the road...........
I decided...you know, I have made payments by the sweat of my brow, and dang it~ that's enough...... so BK BECAME MY OPTION...a MONTH AGO~
we went to the attorney and paid fees yesterday and we are on our way....I have some loose ends to tie up~ so it's GONNA HAPPEN!!!!!!!!!!!!!!!!!!!!!
Can't wait 'til Cap One calls me....boy do I have some info for "Jerome"....hahahahahahaha~

[lrprn]

coma~
why would you convert from a 7 to a 13? If you don't mind me asking?
Dang guys~ I"M TOTALLY CONFUSED......and I'm NOT even USING drugs.....maybe I NEED some............

It IS confusing, CAB! Don't worry...and before you are tempted to turn to drugs for enlightenment....

Some folks file Ch 7 and then choose to file 13 four or more years later to keep their assets (home or cars usually) in a protected court payment plan. Others haven't made the changes needed in handling their finances and since they already filed Ch 7 and can't file Ch 7 again for six years after discharge, they file Ch 13 because it's their only option left to stop foreclosure, liens, and/or collections that are closing in on them again.

[CAB_44]

Thanks IRPRN~
No just kidding about the drugs....I have enough problems......just a "lighter moment there"....
I am getting this more and more...thanks to your help...everyone~
I appreciate it!
It's just I feel so stupid....
not familiar territory, makes me feel stupid!
But I can see...I'm gonna get an education......thanks to all who pitch in, and say what they know!!

[Jman30]

I had a Chapter 7 bankruptcy discharged in April 2005. I want to file a Chapter 13, anybody know how long you have to wait before you can file - or any good weblinks to read?

I've contact a lawyer's office; however, no return call in three days. Additionally, nothing on the web that states this question specifically.

Thanks for any feedback.

Signed,

In Debt

Hi - please note that I am NOT asking this in an insulting or derogatory way at all. I am just wondering what circumstances that have given you such bad luck!

What has happened that is causing you need to file a 13 only a year after being discharged from a 7????