Chapter 13 Bankruptcy in Phoenix AZ

Can I File a Chapter 13 After a Chapter 7

In general terms, a person can only have one bankruptcy discharge once every eight years. However, if you have filed a recent chapter 7 case, you can file a chapter 13 case prior to the expiration of your eight years wait for another bankruptcy discharge.

If it has been at least four years since your chapter 7 discharge, you can file a chapter 13 bankruptcy and be able to get a discharge in that case, assuming you were able to successfully complete your 60-month plan of reorganization through to the end of the case. To find out if your timing is correct, calculate from the date you filed your chapter 7 case. If it has been at least 4 years, then you can now file a chapter 13 bankruptcy.

If you find that it has been less than 4 years, you can still file a chapter 13 bankruptcy, however, you would not be eligible for a discharge in that case. If you are facing a potential foreclosure, lawsuit, wage garnishment, eviction, bank levy or judgment, filing bankruptcy will get you all the protections afforded to anyone who files for bankruptcy including the Automatic Stay against any further creditor collection efforts.

The Automatic Stay also stops any further legal action against you for as long as you are in bankruptcy and can avoid any orders from the court lifting your automatic stay. So, even though the discharge is off the table, you can still receive the bankruptcy protection by filing a chapter 13 case at any time.

Can I Convert a Chapter 13 to a Chapter 7

Anyone who starts out in a chapter 13 bankruptcy has the right under law to convert the case to one under chapter 7. The bankruptcy debtor must qualify for chapter 7 upon converting the case.

Therefore, there must have been some circumstances beyond the control of the bankruptcy filer which precipitates the need to convert. 

That may mean a reduction in income, loss of a job, divorce, unplanned medical event, or some other circumstance which can be used to prove the need to convert to Chapter 7 bankruptcy. If you convert your case and the U.S. Trustee’s Office challenges your reasons for converting, you may be removed back to chapter 13.

Also, you will want to make sure that any assets you were protecting in your chapter 13 bankruptcy will continue to be protected in your chapter 7 bankruptcy. Any unprotected assets may be liquidated by a chapter 7 bankruptcy trustee once the case is converted.

Can I File a Chapter 7 After a Chapter 13 Bankruptcy

Unlike the four-year waiting period to get a bankruptcy discharge when filing a chapter 13 bankruptcy after a chapter 7 bankruptcy, the waiting period to file a chapter 7 bankruptcy after filing a chapter 13 bankruptcy is six years. The way to calculate this time is to start with the filing date for your chapter 13 bankruptcy. 

If it has been more than six years since your chapter 13 bankruptcy was filed, then you are good to go. This assumes that your previous chapter 13 bankruptcy was completed, and you received a chapter 13 bankruptcy discharge. If your chapter 13 bankruptcy was dismissed or cancelled without a discharge, then you can file a subsequent chapter 7 bankruptcy at any time without any waiting period to file.

Can I File Chapter 13 Without a Lawyer

Filing any bankruptcy without a lawyer is a very tricky endeavor. Filing for bankruptcy requires a specialized knowledge of not only bankruptcy law, but also other areas of law that may creep into your case, such as family, contracts, tax and other areas of the law. I typically do not recommend filing a chapter 7 bankruptcy without a lawyer and certainly do not recommend it for a chapter 13. 

In many cases, the bankruptcy filer will end up in front of the court attempting to answer complex legal questions for which they are overwhelmingly unprepared to answer. It is extremely difficult for a lay person to navigate through the complexities of a chapter 13 plan and any attempt to confirm it through the court’s procedural outline. If you are thinking about filing Chapter 13 without a lawyer, think again.

Can You File a Chapter 7 Bankruptcy Case While in Chapter 13 Bankruptcy

No, according to the law, it is not permissible to file or maintain two bankruptcy cases concurrently under any chapter. The only exception to this rule is commonly referred to as a "Chapter 20" case, which involves filing for Chapter 7 bankruptcy first, followed by Chapter 13 bankruptcy. 

However, aside from this specific circumstance, it is not possible to have two separate bankruptcy cases simultaneously under different chapters of the bankruptcy code.

Contact the best Chapter 13 lawyers near you. Please give us a call at 623-777-4760 to schedule a free consultation.