Chap 7 Discharged 3 1/2 years ago options now?

[given2fly]

Is it possible to convert or change my chapter 7 to a chapter 13 which was discharged 3 1/2 years ago?

Current situation is I am losing my job, my wife still works and I am going on unemployment. I have a car we want to offer as a voluntary repossession. We would still owe about 10k+ on it so extremely worried about garnishment to the point it's making me sick. Also have two "after BK7" credit cards totaling 10K. We still would be able to make house payments with me on unemployment.

I calculate I would have 200-250 per month disposable income for a chapter 13 payment with my wife working and me on unemployment. I just figured for secured loans/gas/groceries/utilities/phone.. Basics.

So is it possible to add on or open a new or convert my case from a 7 to 13?

[NoMoreCards]

You can not re-open and roll into your discharged ch7, new debt you've incurred.

Your best bet it probably a new 13, keeping in mind that you will not get a discharge of debt, but simply a chance to reorganize and pay the debt over the term of the plan.

I wish you the best.

[given2fly]

I read that you have to wait 4 years to get a new chapter 13 after a chapter 7 but you still can reorganize using a 13 if sooner than 4 years. My chapter 7 discharge was filed June 28th 2006 and received the discharge on Sept. 26th, 2006. Do they go by the file or discharge date?

So in a normal 13 do you not get a discharge of debt? Or just in my case since I already filed a discharged 7? What if I was to wait for four years after the 7? Would they still determine what I could afford based on my disposable income? For example, if I only have 250 dollars to pay the creditors, that might only be 15% payback. What happens to the rest of the debt after the 3-5 year payment plan in my situation?

[markdel16]

What happens to the rest of the debt after the 3-5 year payment plan in my situation?

It is discharged. If your plan determines 15% payback, then that is all they get. The rest is wiped.

[NoMoreCards]

You can file a 13 at any time after your CH7 discharge. But understand that you can not get a discharge in a 13 until 4 years past previous discharge (or possibly filing date, not sure exactly).

However, to be eligible for a discharge in a 13 takes going through the 3-5 year plan, so it is my understanding that it typically is not a problem.

Your best bet would be to discuss this with a BK attorney and see what they suggest.