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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

Does anyone really know the rule for Chapter 13????

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Ok so I'm trying to find out if you can file Chapter 13 after having a previous Chapter 7. I've called 3 lawyers offices and 2 said you can't file for 4 years after your discharge and the other said you can file at anytime, you just can't get a discharge until after 4 years from the Chapter 7. I was surfing around the net today and I found a couple of varing answers again, I've listed what I found below. Does anyone know for sure what the rule is???


From the Internet:
Did you have a Chapter 7 discharge within 4 years of filing a new Chapter 13? Then you won’t get a Chapter 13 discharge after you finish your payment plan.

Did you get a Chapter 13 discharge within 2 years of filing a new Chapter 13? Then you won’t get a Chapter 13 discharge after you finish your payment plan.

Advantages to Each
So does that mean I can file for Chapter 13 as often as I want?
You can file, but under the new bankruptcy law, it may not be possible to complete the bankruptcy and be discharged from your debts. A Chapter 13 debtor will be denied discharge if he or she received a discharge in a case filed under Chapter 7, 11, or 12 during the previous four years, or in a Chapter 13 case filed during the previous two years. The advantage of being able to refile under Chapter 13 (even if debtors are not permitted discharge) is that debtors are given the temporary protection of the automatic stay. The benefits of having a period of time—up to five years—to deal with secured debt, a time in which unsecured creditors must suspend their collection efforts, may outweigh not being able to get a discharge at the end of that period.


Chapter 13 cannot be filed unless:
The debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or
the debtor received a discharge under Chapter 13 more than two years ago.

The Chapter 13 Discharge
The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge.
A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years for prior chapter 13 cases and four years for prior chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the U.S. trustee or bankruptcy administrator for the debtor's district has determined that such courses are available to the debtor). 11 U.S.C. § 1328. The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor's homestead exemption. 11 U.S.C. § 1328(h).


See what I mean??? I'm wondering if you can file and get the auto stay and be approved for a payment plan, then once the 4 years have past are you eligable then for discharge?




UPDATE Again:) I had my appt today the lawyer says we can do it!!! We will have to pay back 100%, however, no sueing us, no judgements, no interest, no late fees!!! THANK GOODNESS

Sub: #21 posted on Wed, 09/03/2008 - 18:25

lmale lmale

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That's GREAT Reny!!! I'm so happy for you!!

Sub: #22 posted on Wed, 09/03/2008 - 20:57

alias1958 alias1958

(Posts: 1230 | Credits: )

Reny, why did T & C not work out for you? I am curious why a dmp didn't work, and now having fo file a Chap 13 where you pay back 100%, why is that better than a DMP?

Sub: #23 posted on Thu, 09/04/2008 - 07:30

desperatelyseekingsanity desperatelyseekingsanity

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I think not all of her creditors were willing to work with T & C. :(

Sub: #24 posted on Thu, 09/04/2008 - 11:12

alias1958 alias1958

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Seems too bad that the creditors wouldn't work with her. Now they'll get less b/c they forced her into a BK.

Sub: #25 posted on Thu, 09/04/2008 - 12:48

desperatelyseekingsanity desperatelyseekingsanity

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While in the dmp, the payments were still to high for us. Plus many of the PDL's that T & C said worked with them, kept persuing me. I can't take the stress of the constant phone calls. They will get 100%, since we had a BK a few years ago. But all fees and interest will stop, which doesn't happen in DMP. My credit is SO bad at this point that part doesn't matter.

Sub: #26 posted on Thu, 09/04/2008 - 17:51

lmale lmale

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