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My chapter 13 was closed without a discharge because I had

file a chapter 7 three...
My chapter 13 was closed without a discharge because I had file a chapter 7 three years ago. What can I do? I live in North Carolina
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Answered in 5 minutes by:
8/30/2013
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

if you are timed bar you can consider the following:

WALLSTREETESQ :

1. A spouse can file a chapter 13

WALLSTREETESQ :

2. You can file 100% plan chapter 7, there is no time limit for that

WALLSTREETESQ :

100% chapter plan,

WALLSTREETESQ :

not chapter 7

WALLSTREETESQ :

if this is to stop a foreclosure, a 100% chapter 13 would stop the sale,

Customer:

I had filed a chapter 13 but I had filed a chapter 7 three years ago. They said it was not enough time between my chapter 7 and 13

Customer:

They closed it without a discharge

Customer:

What can I do now? I live in NC and I cannot find any answers on the web about it

WALLSTREETESQ :

Do you have an emergency where you need to file it now?

Customer:

Are you there?

WALLSTREETESQ :

when will the 4 years be,

WALLSTREETESQ :

under the law you have to wait 4 years after a chapter 7 discharge to refile

Customer:

My lawyer didn't tell me that

Customer:

I only found out when I received a letter in the mail

WALLSTREETESQ :

  • f you file Chapter 13 within four years of filing Chapter 7, you cannot discharge your debts after you complete the three- to five-year Chapter 13 plan. You can still file the Chapter 13 to keep creditors from suing you, garnishing your paychecks or levying your bank account. This may require filing another Chapter 7 bankruptcy when you have passed the eight-year mark.



  • If you file Chapter 13 four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan. For example, you could pay as little as $100 a month for three years inside a Chapter 13, paying very little to your creditors and yet still discharging the remaining balances owed.





Customer:

What are my options

WALLSTREETESQ :

you can file a chapter 13 now, but have to make a 100% plan,

Customer:

I would have to file again

WALLSTREETESQ :

that means you pay your creditors in full

WALLSTREETESQ :

yes

Customer:

Do you understand that my Chapter 13 was closed without a discharge

Customer:

What do I do now?

WALLSTREETESQ :

yes,

WALLSTREETESQ :

I have stated several times you can refile a chapter 13,

Customer:

Ok

WALLSTREETESQ :

but it must be a 100% plan,

Customer:

sorry

Customer:

what does that mean

WALLSTREETESQ :

if you need to stop collections or a foreclosure,

WALLSTREETESQ :

that means you cannot file the chapter 13, and discharge debts,

WALLSTREETESQ :

you can file it to stop collections,

WALLSTREETESQ :

but you must pay all your debts 100%, over 60 months

Customer:

Will I be able to buy a car without a discharge

WALLSTREETESQ :

you could do this, and file a 10% plan in one year to get rid of 90% of your debts

WALLSTREETESQ :

yes,

Customer:

What is that

Customer:

a 10% plan

Customer:

What if I do not have enough collections for 60 months

WALLSTREETESQ :

a 10% plan means you only pay back 10% of your debts,

Customer:

for 1 year

WALLSTREETESQ :

a longer plan is better for you

WALLSTREETESQ :

no you are not understanding,

WALLSTREETESQ :

you file a 100% plan now

Customer:

ok

WALLSTREETESQ :

after one year, you can change it to a better plan as the 4 years have gone by

WALLSTREETESQ :

after your chapter 7

Customer:

Do I still owe the people I paid off under the Chapter 13 that was not discharged?

Customer:

The four years have gone buy

Customer:

by

WALLSTREETESQ :

you may owe them, the trustee will notify you what was paid,

Customer:

Will I put them under the new plan if I have to file

WALLSTREETESQ :

they have to credit to you what was paid

WALLSTREETESQ :

yes,

Customer:

Let me get this straight, I can still buy a car even if my chapter 13 was not discharged?

WALLSTREETESQ :

yes

Customer:

I can get financing

WALLSTREETESQ :

yes, it would be as if you never filed,

WALLSTREETESQ :

it will go by your credit and proof of income

Customer:

It will be on my credit want it

WALLSTREETESQ :

they do a credit score

Customer:

Will the chapter 13 be on my credit report

WALLSTREETESQ :

yes

Customer:

What do I tell them about my discharge

WALLSTREETESQ :

it was dismissed without discharge

Customer:

Every car lot said they need my discharge papers

WALLSTREETESQ :

that is because you were in a chapter 13, your case was dismissed, so you would not need it

Customer:

If I am not going to lose anything is there any need for me to file again?

WALLSTREETESQ :

no

Customer:

one more thing

Customer:

if the places I paid agreed to say half the money I owed them will I have to pay them the rest of it now

Customer:

Did you see my last question

WALLSTREETESQ :

no, they would settle for less in most cases,

WALLSTREETESQ :

some may even close the accounts,

Customer:

I talking about under the old plan

WALLSTREETESQ :

you should ask for a payment plan for the rest

Customer:

The one that wasn't discharged

WALLSTREETESQ :

you should ask them to accept less over time

WALLSTREETESQ :

yes

Customer:

I paid some of them less money under the chapter 13 that wasn't discharged will I owe them

WALLSTREETESQ :

they could ask you for the full amount

Customer:

I would have to paid it at one time

WALLSTREETESQ :

no, you can settle with them for a payment plan

Customer:

ok thank you you have been very helpful

Customer:

You took a load off my mind

WALLSTREETESQ :

good luck, and if satisfied with our service please provide us with positive feedback

Customer:

ok

Customer:

bye and thanks

WALLSTREETESQ :

thank you

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I talked with my attorney and he said my case will probably be closed without a discharge and he doesn't think it will be dismissed. My thing is why did he let me file when he knew the law. He is the one who handled my Chapter 7? He really did not give me any answers. Also what if it is dismissed instead of closed? Then what? Also I still owe about 5504.60 all together.

Your attorney did a bad job, and you should consider filing a complaint with the bar association against him, as he should have known the law. If the case is dismissed, that would allow you to refile at a later date, and discharge the debts,

In terms of the amount you owe, I would call the creditors and see if you can work out a payment plan.
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

Should I wait on them to contact me?

yes, I would wait, it will give you some more time, some may just close the debt so not charge you anything
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

what if it is dismissed instead of closed, can I still buy a car? I really need one.

yes, you can still buy a car, you should check your credit score to see what it is, that would be a factor as well.
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

If it is closed or dismissed I will still get credit for the people I have paid?


 

yes, as payments should have been made to the creditors and reported.
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

Will it show up on my credit as dismissed or closed?

if it was dismissed it will show up as dismissed, if it was closed it would show up as closed, either way an official copy of the decision should be shown to the car lender.
Ask Your Own Bankruptcy Law Question
Customer reply replied 4 years ago

Thanks for your help

good luck
Ask Your Own Bankruptcy Law Question
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WALLSTREETESQ
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS

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