Is it possible to file Chaper 13 after a 7?

[Pansytar]

A friend filed chapter 7 back in 2001. Some hard times have hit again...can he now file Chapter 13? We live in Chicago, IL. Is there a waiting period? If so, how long? Any help would be appreciated.

Thank you,
Pansytar

[lrprn]

According to the new BAPCPA law that went into effect last October, debtors can't file Ch 13 for four years after having filed Chapter 7. Since five years have passed since your friend's Ch 7, he/she is good to go.

You are being a good friend trying to help your friend out, so please be aware that if your friend's "hard times" are due to causes within his/her control, please be sure he/she is aware that trustees tend to be more suspicious these days about repeat filers and often go over those cases with a fine tooth comb. Also hope your friend realizes that Ch 13 is no walk in the park - it's five long years hoping and praying that cars continue to run, health stays the same, mortgage doesn't change, expenses stay level, etc. It will be a totally different experience than Ch 7 was.

Good luck to your friend - please encourage him/her to come back and post here for help and encouragement. It's a good place with great information and very supportive people!

[Pansytar]

Thank you so much!