I got a discharge in a Chapter 7, when can I file a Chapter 13?
I began looking a the time between Chapter 7s if one wishes to receive a discharge. The time frame is different when the subsequent case is a Chapter 13 showing the favored status of Chapter 13 bankruptcy. If the preceding bankruptcy was a Chapter 7 (or Chapter 11 or 12), then you cannot receive a discharge in a subsequent Chapter 13 if is filed four (4) years or less of when the Chapter 7 was filed. See 11 USC Sect. 1328(f)(1).
If one gets a discharge of unsecured debt in a Chapter 7 but still has some non-dischargeable priority debt in income taxes, they may want to turn right around and file a Chapter 13 without waiting the four years because they will be paying the debt in full over the length of the plan. So, there is no need for the discharge. This is a strategy discussion to have with your attorne.
3 Comments »
Leave a Reply
-
Recent
- Chapter 7 and Student Loans
- Bitcoin and Bankruptcy
- The New Chapter 13 Plan in Operation: The Good, The Bad, and The Ugly
- Prime Rate; Bar Dates; & Other New Plan-Related Topics
- Trends and New Developments: Learning from Court Orders
- Summary of Changes to Federal and Local Rules and Forms Eff. Dec. 1, 2017
- Plan Payments by Payroll Deduction
- Claims Based on Time-Barred Debts in Kentucky
- RECENT CHANGES IN KENTUCKY LAW AFFECTING PREJUDGMENT AND POSTJUDGMENT INTEREST (revised)
- Saving Your House: Mortgage Business Loans
- Changes to Federal and Local Bankruptcy Rules and Forms
- My “best kept secret” practice
-
Links
-
Archives
- January 2018 (3)
- December 2017 (2)
- November 2017 (1)
- September 2017 (2)
- July 2017 (1)
- June 2017 (1)
- May 2017 (3)
- April 2017 (3)
- March 2017 (1)
- February 2017 (3)
- January 2017 (1)
- December 2016 (2)
-
Categories
- Adoption
- Alternate Debt Relief
- attorney fees
- Bankruptcy
- Assets
- Automatic Stay
- Business debt
- Cash Advances
- Chapter 11
- Chapter 13
- Chapter 7
- Conversion
- Credit Counseling & Debtor Education
- Debt solution centers
- Discharge
- Disposable Income / Budget
- Exemptions
- Foreclosure
- Fraud
- Home Loan Modification
- Home loan modifications
- Means test
- Plan payments
- Planning
- Pre-filing planning
- Preference / Preferential payments
- Proof of Claim
- Property (exempt
- reaffirm or surrender)
- Redeem / Redemption
- Security interests
- Student loans
- Tax Debts
- The estate
- Blogroll
- Business & small business
- child custody
- child support
- Civil Procedure
- consumer bankruptcy
- consumer debt
- Debt collection
- dissipation of assets
- Divorce
- Estate Planning
- Family Law
- Financing
- Fraud
- Gratitude
- Guardianship
- Life & Law
- Marital Assets
- Mediation
- Negotaion & conflict resolution
- Parenting
- Paternity
- Politics
- property allocation
- Solo & Small Firm
- Spirituality
- Uncategorized
- Visitation/Time sharing
- Words & Phrases
-
RSS
Entries RSS
Comments RSS
[…] Visit link: I got a discharge in a Chapter 7, when can I file a Chapter 13 … […]
Pingback by I got a discharge in a Chapter 7, when can I file a Chapter 13 … | Information About Bankruptcy | October 27, 2012 |
[…] expensive tests on January 15th, 2013, those thousands in new medical bills are yours to keep (at least for four years). There is an exception in Chapter […]
[…] expensive tests on January 15th, 2013, those thousands in new medical bills are yours to keep (at least for four years). There is an exception in Chapter […]
Pingback by Troutman & Napier, PLLC | Chapter 13: What to do with new, unexpected debts | December 8, 2014 |