Legal Question in Bankruptcy in California

In 2003 I filed a chapter 13 BK which was discharged August of 2004. Can I file a chapter 7 since I recently lost my job and income and my unemplyment has just run out?


Asked on 6/08/10, 11:37 am

2 Answers from Attorneys

John Vos Vos & Associates

There are a number of time deadlines involved, namely 4, 6, and 8 years. It depends in part on whether you completed your Chapter 13 with full payment, with less than full payment but with a court order, whether you received a discharge, and so forth. You mention the year 2004, and now we are in the year 2010. Depending upon when in 2004 you filed there may be options for you.

I think what you are asking is whether if you file you can discharge the debts you have incurred in the past 6 years. Because of course you can FILE a case, it's just whether or not it is going to be beneficial to you now.

You mention running low on income and UE running out. That may mean that you have few if any assets for any creditor to take from you. You may we what we call 'judgment proof', meaning they can call and sue all they want but you have nothing to lose. Perhaps you want to wait until the 8 year mark anyway.

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Answered on 6/08/10, 4:59 pm
Brian Whitaker Lifeline Legal, LLP

Since it has been more than six years since you filed your Ch13, you can file a Ch7 and receive a discharge, regardless of what was paid in your Ch13.

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Answered on 6/09/10, 1:31 am


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