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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Debtor filed and received a Discharge in 2011 on a Chapter

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Debtor filed and received a Discharge in 2011 on a Chapter 7 bankruptcy. Can they file a Chapter 13 bankruptcy now?

I'm thinking No, they cannot file a Chapter 13 since it is less than 6 years.
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

Yes they can file a Chapter 13 bankruptcy now but will not be able to obtain a discharge.

Here are the time periods involved for refiling.

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.

A person may file a chapter 13 at any time after receiving the discharge of the chapter 7 for purposes of invoking the automatic stay and setting up a payment plan. There is a four-year restriction regarding the ability to obtain a discharge after having filed a prior bankruptcy
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Thank you very much Wayne for the positive rating and the bonus! It has been my pleasure to work with you.

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Thanks again and all the best to you.

Ellen
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