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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

How long do a person have to wait to file a different bankruptcy

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I filed chapter 13 back 2010/11. I wasn't making enough money to make the payments. I just want to get back into school... and I want to file chapter 7.. how long do I have to wait... :(




10 years from date of discharge.....You don't have to file BK to go back to school though.

Sub: #1 posted on Mon, 11/26/2012 - 15:53

HelpinAZ HelpinAZ
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Oh I know, but my loans are in default, and in order to get them out I have to either have a satisfactory repayment plan or the loans have to be paid off..

Sub: #2 posted on Mon, 11/26/2012 - 16:01

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OK, but neither will a BK do for you? Students Loans can't be discharged in a BK, except in very rare circumstances..

Sub: #3 posted on Mon, 11/26/2012 - 16:53

HelpinAZ HelpinAZ
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Quote:
Oh I know, but my loans are in default, and in order to get them out I have to either have a satisfactory repayment plan or the loans have to be paid off..


No you cannot get the loans out of default by simply having a satisfactory repayment plan. You can qualify after 6 months of payments but they are expecting you to rehab or consolidate. BK will not do anything...in fact it is more than likely complicate it during the BK stay.

Did you talk to your attorney about converting your 13 to a chapter 7???

Sub: #4 posted on Mon, 11/26/2012 - 16:59

SOAPLADY SOAPLADY
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To answer the original question posed. . . the timing for filing a second case is:

1. Case dismissed (not discharged) - no waiting period unless the dismissal was voluntary after some creditor filed a Motion for Releif From Stay or the dismissal was due to a willful failure to obey a court order. If either of the 2 exists, the waiting period is 180 days. 11 USC 109(g)

2. Discharged Chapter 7 - must wait 8 years from original filing date to file another Chapter 7 that can result in a discharge. 11 USC 727(a)(8)

3. Discharged Chapter 13 - must wait 6 years from original filing date to file a Chapter 7 that can result in a discharge. 11 USC 727(a)(9) - there are some exceptions to this one.

4. Discharged Chapter 7 - must wait 4 years from entry of the discharge to file a Chapter 13 that can result in a discharge. 11 USC 1328(f)(1)

5. Discharged Chapter 13 - must wait 2 years from entry of the discharge to file another Chapter 13 that can result in a discharge. 11 USC 1328(f)(2).

There are some other conditions and requirements but the above list covers the basics.

Now, it sounds like the OP never completed the 13 thus the case was dismissed. If he/she is in need of a bk at this time there is no bar to filing. . . period. OP just needs to determine which bk is the correct one to file if one is even necessary.

Des.

Sub: #5 posted on Mon, 11/26/2012 - 18:08

despritfreya despritfreya

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My apologies - I am so sorry - I was only thinking 7 to 7 and for some reason I got my wires crossed with 10 year instead of 8 which was new in 2005, the 10 years is how long it stays on your credit after. Must have been a longer day than I thought.

Sub: #6 posted on Tue, 11/27/2012 - 03:43

HelpinAZ HelpinAZ
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