Legal Question in Bankruptcy in Texas

chapter 13 bankruptcy

can I reopen a chpt 13 if I converted to a chapter 7, But the creditor has now posted a foreclosure date on my home?

Asked on 6/09/09, 5:48 am

1 Answer from Attorneys

Rustin Polk

Re: chapter 13 bankruptcy

It's complicated but not impossible.

If your Chapter 7 has not yet reached the Discharge stage, you can file a motion asking to have the case re-converted from 7 to 13. Once in 13 again, you add the mortgage arrearages and save the house.

If your Chapter 7 has already Discharged, then you'll need to file a new Chapter 13 case. You'll put in whatever debts remain since the Chapter 7 (likely to be not many debts at all other than the house) then pay that off over 3-5 years.

We sometimes call that second scenario a "Chapter 20" (7 + 13). There's a little more information about it on our website at and as long as the "priority" claims in the Chapter 13 (child support, back taxes, student loans) aren't too large, it'll work.

Hope this helps.

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Answered on 6/09/09, 8:51 am

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