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How long after chap 13 discharge to file a 7

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    How long after chap 13 discharge to file a 7

    How long has to pass for someone with a discharged chapter 13 bk to file a chapter 7 bk?

    #2
    Originally posted by choover View Post
    How long has to pass for someone with a discharged chapter 13 bk to file a chapter 7 bk?
    According to the US Courts http://www.uscourts.gov/bankruptcyco...discharge.html :
    "The court will deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless (1) the debtor paid all "allowed unsecured" claims in the earlier case in full, or (2) the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor's plan was proposed in good faith and the payments represented the debtor's best effort."

    So the answer is six years, but could be less depending on the circumstances of your discharged Ch 13 case.
    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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      #3
      Originally posted by choover View Post
      How long has to pass for someone with a discharged chapter 13 bk to file a chapter 7 bk?
      Maybe I'm missing something what wasn't discharged in the Ch13 that you're trying to get rid of in a Ch7?

      Comment


        #4
        Not me, my brother had a 13, he was discharged and now they took his mortgage up for a adjustable rate that just moved his payment up 400 a month and they wont lower it and his credit is shot. He did nothing to rebuid and has lates and collections (medical) post-bk so refi was not much of a viable option. Houses in his area arent selling for crap so selling is out, so they moved his rate up and he moved out! he moved into a bigger house as a rental for less that his previous mortgage payment was...

        He was @7.2% they jacked him up over 10% so he said piss on em...he never was the brightest.

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