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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17879
Experience:  B.A.; M.B.A.; J.D.
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I filed a chapter 13 in 2004 paid all debts off at $500.00

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I filed a chapter 13 in 2004 paid all debts off at $500.00 a month and then lost my job.

I request a modification thru my bank but was denied because I don't make enough to pay all my expenses. My unemployment runs out August 10 and I cannot get a job. I am 69 years old......can I file everything including my house?

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

When did you get discharge for your Chapter 13 case--when did you complete your Chapter 13?

 

You want to surrender your house?

 

Do you have any other debts?

 

 

Customer: replied 6 years ago.

Paid off the Chapter 13 in May 2009

 

I don't want too but owe $5600 in back payments and have second mortgage 17000

 

Yes I have other dept about 6000.00

Thank you for the additional information.

 

Now back to your initial post:

 

I filed a chapter 13 in 2004 paid all debts off at $500.00 a month and then lost my job. I request a modification thru my bank but was denied because I don't make enough to pay all my expenses. My unemployment runs out August 10 and I cannot get a job. I am 69 years old......can I file everything including my house?

 

 

Response: Yes, you can file for Chapter 7 bankruptcy at this time. Generally, you can file for a Chapter 7 bankruptcy relief every eight years of getting a discharge from the previous Chapter 7 filing. See 11 U.S.C. Section 109(g); Section 349(a); Sections 727(a)(8), 727(a)(2), and 727(a)(11). You can file for a Chapter 13 bankruptcy relief after four years of getting a discharge from a previous Chapter 7 filing or two years after a previous Chapter 13 bankruptcy discharge. See 11 U.S.C. Section 1328(f). Since you received a discharge in your Chapter 13 bankruptcy in 2009, you cannot file another Chapter 13 at this time but you can instead file under Chapter 7.

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