How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

I filed Chapter 13 BK in November 2002, over 6 years ago and

This answer was rated:

I filed Chapter 13 BK in November 2002, over 6 years ago and it was paid in 36 months @ 40% and discharged. I got into financial difficulty.

My question is: Am I allowed to file a Chapter 7 BK ? Could this potentially be an option for me now ? I live in San Diego, California USA
With a prior chapter 13, you are eligible to file a chapter 7 -6 years from the date you filed the chapter 13, unless:

11 USC 727 (a)(9)
the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least--

(A) 100 percent of the allowed unsecured claims in such case; or


(i) 70 percent of such claims; and

(ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort;

so, you are eligible to file chapter 7 now.
Terry L. and other Bankruptcy Law Specialists are ready to help you