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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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When would a debtor who filed a chapter 13 BK in February

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When would a debtor who filed a chapter 13 BK in February of 2009 that was discharged in August of 2012 be able to file a chapter 7 BK?

cfortunato :

Hi JACustomer,

cfortunato :

The debtor has to wait 6 years after the Chapter 13 was filed - which would be February 2015.

cfortunato :

Unless the Chapter 13 paid at least 70% of the unsecured creditors.

cfortunato :

That is, 70% of the unsecured creditor claims.

cfortunato :

In which event, there would be no need to wait to file.

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