Legal Question in Bankruptcy in Ohio

I am 13 I would like to file 7 can I file 7 if it has been 7 years on my 7 but it has been only 1 year on my 13

Asked on 9/21/13, 4:33 pm

1 Answer from Attorneys

David Michael Benson Benson Law Firm

If you are currently in a Chapter 13 case, you should have an attorney and discuss this with him or her. If not, here are the rules if you are filing a Chapter 7 case:

1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7.

2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13.

3. If you did not receive a discharge, there is no waiting period.


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Answered on 9/22/13, 1:24 pm

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