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I filed Chapter 7 in 2004; it has been discharged of course. In…

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I filed Chapter 7 in...
I filed Chapter 7 in 2004; it has been discharged of course.
In April 2009 I filed Chapter 13 not wanting to just write off my debts.
Now someone tells me I should convert 13 to 7.
Can this be done after having already filing chapter 7 in 2004?
Submitted: 8 years ago.Category: Bankruptcy Law
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Answered in 36 minutes by:
6/29/2010
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,782
Experience: B.A.; M.B.A.; J.D.
Verified

 

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.

 

I filed Chapter 7 in 2004; it has been discharged of course. In April 2009 I filed Chapter 13 not wanting to just write off my debts. Now someone tells me I should convert 13 to 7. Can this be done after having already filing chapter 7 in 2004?

 

Response: No, you cannot since your previous Chapter 7 was filed less than eight years ago. 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). Thus, you can file for another bankruptcy at any time if it has been more than 8 years of your previous Chapter 7 bankruptcy discharge or more than two years after a previous Chapter 13 discharge.

 

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