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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2848
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed Chapter 13 BK in November 2002, over 6 years ago and

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I filed Chapter 13 BK in November 2002, over 6 years ago and it was paid in 36 months @ 40% and discharged. I got into financial difficulty.

My question is: Am I allowed to file a Chapter 7 BK ? Could this potentially be an option for me now ? I live in San Diego, California USA
Hi.
With a prior chapter 13, you are eligible to file a chapter 7 -6 years from the date you filed the chapter 13, unless:

11 USC 727 (a)(9)
the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least--

(A) 100 percent of the allowed unsecured claims in such case; or

(B)

(i) 70 percent of such claims; and

(ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort;

so, you are eligible to file chapter 7 now.
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