Legal Question in Bankruptcy in California

Can I file a chapter 13 bk 3 months after filing a ch 7?

In Jan 08 I filed a chapter 7 bankruptcy. It has been discharged as of June 08. Can I now file a chapter 13 bankruptcy to help me with my home and remaining credit card debts and a car loan?


Asked on 11/06/08, 5:01 am

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Can I file a chapter 13 bk 3 months after filing a ch 7?

Yes.

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Answered on 11/06/08, 5:05 pm
David Gibbs The Gibbs Law Firm, APC

Re: Can I file a chapter 13 bk 3 months after filing a ch 7?

You may be able to. This is sometimes referred to as a chapter "20". You will most definitely need to consult with a bankruptcy attorney before attempting to file the chapter 13, as successive bankruptcy filings may be seen as bankruptcy abuse.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/06/08, 1:07 pm


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