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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is filing Chapter 7 an option for me I filed Chapter 13 in

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Is filing Chapter 7 an option for me? I filed Chapter 13 in Aug 05 which included my car loan. In Aug 07 I was suddenly fired and could no longer make the payments on the plan. In April 08 my case was closed. On January 28, 09 my vehicle was repossessed. I want to surrender my vehicle and file chapter 7 to stop the creditors on my previous plan from coming after me.

You probably can't file a Chapter 7 now.


Here is a breakdown of the time requirements between filings:


8 years between 7s. -727(a)(8)

2 years between 13s. -1328(f)(2)

4 years between a 7 and 13 -1328(f)(1)

6 years between a 13 and 7(if under 70% plan). -727(a)(9)


The time is counted from filing to filing - not from first discharge to second filing.

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Customer: replied 8 years ago.
Hmmmm. In April 08, when I talked to the lawyer that filed my 13 (whom I'm no longer using), he said Chapter 7 was an option, but I would have to give up my car. At the time, I couldn't do that so we were going to try to reopen the case. I have no income,so reopening is not an option for me.
You can file a 7 after 4 years have passed from the filing of the 13. That's the quickest it would happen.