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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2518
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I was in the middle of a loan modification when i filed for

Customer Question

I was in the middle of a loan modification when i filed for a Chapter 7 Bankruptcy at the end of 2009. Was discharged from the 7 but my house is in foreclosure and set for a sale the end of next week. How can I get into a 13 in the Eastern District of Michigan? I was told I could, then told I could not- Pursuant to 11 U.S.C. §1328(f) of the Bankruptcy Code, the Court cannot grant the Debtor a discharge if the Debtor has been (i) granted a discharge in a Chapter 7, 11 or 12 case commenced within 4 years before filing this case; or (ii) granted a discharge in a Chapter 13 case commenced within the last 2 years before filing this case. But I don't want to be discharged just need a chpater 13 plan for my car and mortgage! Only debts that I have now.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
You can file if your chapter 7 is closed. You will not be entitled to a discharge in the chapter 13 because of the recent case though. If you can show the court the change in circumstances, ie: more income now to be able to afford a chapter 13, when you showed no disposable income for the chapter 7. You can file, and complete the case to cure the arrears on the home and pay off the car. You just don't get a discharge, but you don't need one! You are right on target. Thanks for your question and good luck to you.
Customer: replied 4 years ago.

What Case do you know where this has happened? I need to see a sample of one. I have access to PACER where I could view any plan / or Chapter 13 that would show this where the Person was recently discharged in a 7

Expert:  Terry L. replied 4 years ago.
Sorry, I cannot give you a case number XXXXX my clients, due to attorney client privilege. It is permissible though.
Customer: replied 4 years ago.
Where can I search for a sample MOTION FOR CONTINUATION OF AUTOMATIC STAY AFTER PRIOR DISCHARGE WITHIN YEAR OF FILING
Expert:  Terry L. replied 4 years ago.
Unfortunately, this is a case specific document, and there are no samples available with the US Court website that I know of.
Any available would be found here.
http://www.uscourts.gov/bkforms/index.html

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