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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If i filed Chapter 7 in 2004, Can I file chapter 13 know to

Resolved Question:

If i filed Chapter 7 in 2004, Can I file chapter 13 know to pay off all my debts. Unable to make it with reductions in hours from work
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Hello,

You appear able to file a Chapter 13 at this time.

A person can file Chapter 13 if it has been more than 4 years since he received a discharge in a Chapter 7 bankruptcy or 2 years since received a discharge in a Chapter 13


A person can file Chapter 7 again if it has been more than 8 years since he or she filed the previous Chapter 7 bankruptcy or 6 years since the filing of a Chapter 13.


However, there is no time restriction in filing a new chapter 7 case after a prior Chapter 13 case if 100% of the allowed unsecured claims where paid or the actual payments under the previous Chapter 13 plan comprised at least 70% of the allowed unsecured claims.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER

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