Can you file chapter 13 bankruptcy even if you have filed cheaper 7 and it hasn't been 7 years yet?
3 Answers from Attorneys
First of all the time perioid between Chapter 7's is eight years.
You can sometimes file a Chapter 13 one DAY after a 7. Depending on the length of time between a 7 and 13 you may not receive a 13 discharge, but you may get other benefits.
Call me at 404-768-3509 with specifics.
Let me add that if it has been 7 years, you can likely get a Chapter 13 discharge too.
You can file a chapter13 and receive a discharge so long as it has been 4 years since your chapter 7 was discharged. If less than that, you can still file a chapter 13 to stop a foreclosure, garnishment, or repossession, you will just not be eligible for a discharge. That means you would have to set up a chapter 13 plan to pay off your debt in full over a time period up to 60 months.
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