Ok I have a general question. Is if possible to file chapter 13 2 years after filing chapter 7 (and it discharged), if you are not seeking a discharge for the chapter 13?
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I'm not sure if this is correct, but I thought I was always told that there has to be 8 years between two Ch 7's, and four years between a Ch 13 and Ch 7.Originally posted by sherrenee View PostOk I have a general question. Is if possible to file chapter 13 2 years after filing chapter 7 (and it discharged), if you are not seeking a discharge for the chapter 13?Filed: 5/22/07; 341 Hearing: 6/27/07;
Confirmed: 8/13/07; DISCHARGED 4/17/2012
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You are not eligible for a Chapter 13 discharge unless you file the 13 more than 4 years after the date you filed your previous Chapter 7. However, you can file a Ch 13 now even though four years hasn't passed to use the 13 as a way to force secured creditors to accept a court-approved payment plan.
Folks who find themselves in tax trouble or mortgage difficulties after their 7 is closed can find filing a 13 as a way to get out of those troubles as long as the taxes or mortgage arrears can be paid in full by the end of the 13. The second 13 won't help much with unsecured creditors unless those can all be paid in full (or close to it) by the end of the 13 as well.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Yes that would be what I would want it for. I have a second mortgage that is an ARM and housing vaules have dropped so no one is wanting to refinance. We don't have any unsecured debt so I am not looking to get rid of any, I just need to keep my house.Originally posted by lrprn View PostYou are not eligible for a Chapter 13 discharge unless you file the 13 more than 4 years after the date you filed your previous Chapter 7. However, you can file a Ch 13 now even though four years hasn't passed to use the 13 as a way to force secured creditors to accept a court-approved payment plan.
Folks who find themselves in tax trouble or mortgage difficulties after their 7 is closed can find filing a 13 as a way to get out of those troubles as long as the taxes or mortgage arrears can be paid in full by the end of the 13. The second 13 won't help much with unsecured creditors unless those can all be paid in full (or close to it) by the end of the 13 as well.
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