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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.

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 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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