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Can we file a chapter 13 bankruptcy after chapter 7?
Just filed chapter 7 in November (still hasn't been discharged), but we have fallen behind 4 months of mortgage due to medical issues. We are in a good place now and can continue making our mortgage payment on time, but can't recoup lost payments in short time frame like lender wants. We want to keep our house. Do you think this is a good option / and typically how much does it cost?
9 Answers
- crbesqLv 59 years agoFavorite Answer
Yes, you can do this. Cost depends on the judicial district that you live in.
Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Association of Consumer Bankruptcy Attorneys).
- KathyLv 45 years ago
I disagree with the above answer. If this person qualifies to file for Chapter 7, then he should file for Chapter 7 given his huge debt level. Chapter 13 is the version of bankruptcy that is filed by higher income people. $30,000 is not high income. Chapter 13 is a court ordered repayment plan that generally has to be completed in around 5 years. Chapter 13 does not discharge debts. There is no way that this person could pay back these debts in this time frame. He would be WAY better off discharging the debts with Chapter 7. A general rule of thumb: If you qualify to file for Chapter 7, then you should file this version of bankruptcy rather than Chapter 13.
- sophiebLv 79 years ago
If your chapter 7 has not been discharged yet then go to your attorney and ask if you can amend it.
If a person is employed then the judge will automatically change the chapter 7 to a chapter 13 and you and your attorney work out a 5-year payment plan and some of the amounts you owe will be reduced. If you aren't working and you owe a huge amount of bills then the judge "might" allow a Chapter 7, but that doesn't solve the problem. The problem is not enough income and not knowing how to negotiate. Work on those two issues. While you're talking with the attorney ask how to keep your house (there is a form in bankruptcy that your attorney would submit to allow you to keep your house but you'd have to keep up the payments. If the payments are a problem then you'd need to talk with your mortgage holder. Sometimes it can be renegotiated, for a couple of thousand dollars, and dropped to a lower payment, or if you go under then you'd start thinking about how to sell your home and not lose your shirt.
There was an option for you to take which you didn't take. Instead of filing for Chapter 7 you should have gone to Credability to try to make your payments in lower amounts...if the judge sees you haven't done that yet he might tell you to do that first, or else do the Chapter 13 repayment plan (mediation/negotiation).
- Anonymous9 years ago
Which is it?
That you filed a chapter 7 in November, or
that you are now 4 months behind on the mortgage?
You can't file a chapter 7 bankruptcy if you are behind on mortgage payment unless you are surrendering the house. So, if missing your January payment made you 4 months behind we know through simple math that you didn't make the October, November, or December payments either.
Which means that if you really are behind 4 months you couldn't have filed a chapter 7 because you would have been behind on your mortgage.
You can file a chapter 13 after a chapter 7. Plan on spending $3,000 to $3,500. But, get your story straight when you go in to talk to the lawyer.
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- Steve DLv 79 years ago
Basically, there is a 4 year wait between a Chapter 7 and a Chapter 13 bankruptcy.
- Anonymous9 years ago
You can file full bankruptcy after my das is doing that... He is done with chapter 7 now he is gonna file full bankruptcy today his medical bills of f
- 6 years ago
Can we file a chapter 13 bankruptcy after chapter 7?
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- Mike PLv 69 years ago
Please consult with a bankruptcy lawyer. The $ charged will better protect you than listening to these louts on this board.