Legal Question in Bankruptcy in Georgia

Can you file chapter 13 bankruptcy even if you have filed cheaper 7 and it hasn't been 7 years yet?

Asked on 9/24/13, 10:56 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office

Often, yes.

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.

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Answered on 9/24/13, 11:03 am
Glen Ashman Ashman Law Office

Let me add that if it has been 7 years, you can likely get a Chapter 13 discharge too.

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Answered on 9/24/13, 11:04 am
Robert Gardner Hicks, Massey & Gardner, LLP

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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Answered on 9/25/13, 2:17 pm


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