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I filed a chapter 13 which was discharged 2 years ago ( filed 5 years ago) . Does this preclude me from filing a chapter 7 now ?

Submitted: 594 days and 5 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Phoenix, Arizona

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Posted by Benjamin M. Burt, Jr., Esq. 594 days and 5 hours ago.

Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.

No. You are not precluded from filing under the facts you have related.

Discharge is not available if a debtor was discharged in Chapter 7 bankruptcy within past eight years. Chapter 13 discharge won't be granted if a debtor received discharge in Chapter 7, 11, or 12 four years earlier or more or a previous Chapter 13 discharge two years before.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

594 days and 5 hours ago.

Reply

I will accept but I just want to be clear.

I filed a Chapter 13 ( the one where you make payments)in 2002 , it was discharged in 2006.

Can I now file a Chapter 7????

Answer

Hello and thanks for writing back.

Yes. The answer remains unchanged.

Take care and thanks again for using JustAnswer!

[Please click the "Accept" button.]

 

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Expert: Benjamin M. Burt, Jr., Esq.
Pos. Feedback: 99.4 %
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Answered: 4/6/2008

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