Legal Question in Bankruptcy in California

Chapter 13 Discharged - Now Chapter 7?

If someone had a bankrputcy Chapter 13 discharged in 1998/1999 and they are still in financial trouble, can they now file a Chapter 7 to eliminate the newly accumulated debt?


Asked on 8/23/04, 9:56 am

3 Answers from Attorneys

Alon Darvish Law Offices of Alon Darvish

Re: Chapter 13 Discharged - Now Chapter 7?

In response to your inquiry, any person who is qualified to file and maintain a chapter 7 case is eligible for a chapter 7 discharge except a person who has been granted a discharge in a chapter 13 case that was filed within the last six years, unless 70 percent or more of the debtor's unsecured claims were paid off in the chapter 13 case.

If this applies to you, feel free to contact my office (located in Beverly Hills) at the number listed below. i charge reasonable rates for chapter 7 bankruptcies.

Sincerely yours,

Alon Darvish

Law Offices of Alon Darvish

9393 Wilshire Boulevard

Beverly Hills, CA 90210

Tel: (310) 434-1994

Fax: (310)496-0171

[email protected]

www.DarvishLaw.com

Read more
Answered on 8/23/04, 11:14 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Chapter 13 Discharged - Now Chapter 7?

Is it more than 6 years after discharge? Didyou pay more than 70 percent of your credit card debts during your chapter 13? It is better to consult with an attorney with your previous documentation.

Read more
Answered on 8/23/04, 11:30 am
Gary Fraley California Bankruptcy Attorneys

Re: Chapter 13 Discharged - Now Chapter 7?

I apparently read your question a little more carefully than others. You say that your case was DISCHARGED in 1998 or 1999. Since most Chapter 13 cases run 3 years or more I would expect the FILING date of the Chapter 13 is already more than 6 years ago and you would qualify to file Chapter 7 no matter what percentage was paid to unsecured creditors in the case. I would suggest that you consult with a bankruptcy attorney to determine whether your debts and income qualify you for Chapter 7 or Chapter 13. Often your debts and income determine which you are going to be allowed to file. You can go to my law firm web site at ca-bankruptcy-attorneys.com. There is a lot of information there about bankruptcy including a specific page that describes how one qualifies for one or the other. You will also find a comparison of the 2 California exemption systems to see what would be protected from your creditors and detailed budgeting (income and expense) calculators to help you know which you qualify for. These are unique to my web site and will be helpful to you. I do work statewide and am a certified specialist with over 26 years experience in the field. I do free phone consultations and will actually explain the system in plain English. You can check out my "clients bill of rights" and my "client testimonials" there as well Our representation is of the highest quality with attorney representation at hearings and our fees are reasonable and explained in advance. You can call my office at 1-800-675-1005 to schedule a free no pressure attorney consultation.

Read more
Answered on 8/26/04, 1:25 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California