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DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 747
Experience:  Attorney at Drake Law Firm PLC
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I filed chapter 7 in 2009, it was granted the same year. Due

Customer Question

I filed chapter 7 in 2009, it was granted the same year. Due to some massive legal bills that piled up in 2015 I find myself trying to figure out a way to stay above water. The last thing I ever thought would happen was to file a second time. I know the law says you cant file within 8 years for another chapter 7, but could I file a chapter 13 as a "stay" solution and change it to chapter 7 when I reach the 8 year mark? Or any other way to prevent lawsuits, etc...until eligibility? Still going to try to dig myself out of the hole, but wanted to know what my options were. Thank you
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.

Sorry to hear about the situation you find yourself. Yes, you can file a chapter 13 to stay off collection and make payments to your creditors in the interim. You could then convert to chapter 7 after the 8 year mark. However, your court could find that the date of conversion is not what applies and the original petition date of your chapter 13 is what applies. In that case, you would have to dismiss your chapter 13 and then file a new chapter 7 after the 8 year mark.

Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. Finally, please be so kind as to promptly rate this answer so that it may be closed in the system. I wish you the best in your endeavors! -Rich