Legal Question in Bankruptcy in Illinois

How soon after a chapter 7 discharge can you file a chapter 13?


Asked on 12/30/11, 7:40 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

You are not restricted from filing a Chapter 13, but you are restricted from receiving a discharge if the new case is filed within four years. There are cases in which the discharge is not important (such as reinstating a mortgage, avoiding repossession, . . .).

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for July 2011 through the present, including wages and unemployment during that period; (2) all your bills (three months� copies neatly assembled); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 1/01/12, 2:45 pm


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