When to refile after a Chapter 7 discharge?

Filing a Chapter 13 after a Chapter 7 discharge (4 years). If you need to refile for Chapter 13 bankruptcy after receiving a discharge in a previous Chapter 7 case, you must wait at least four years from the date the previous petition was filed for a complete discharge of your personal loans, medical bills, and credit cards.

When is a debtor ineligible for a chapter 13 discharge?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

Can a debtor object to a discharge in Chapter 7?

In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor’s discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.

Can a discharge be denied in a Chapter 7 bankruptcy?

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

Can a person file for a chapter 13 discharge?

You can file for Chapter 13 although you are not eligible for a discharge. However, a discharge is not always necessary as the Chapter 13 can still reorganize your remaining debt and give you the protection of the automatic stay.

When is negative information deleted in Chapter 13 bankruptcy?

Chapter 13 bankruptcy is deleted seven years from the filing date because a portion of the debt is repaid under the discharge plan. For more information about when negative information is deleted, see the “Credit Advice” section on the Ask Experian homepage. Thanks for asking. The “Ask Experian” team.

When to refile a bankruptcy after it is fully discharged?

If your bankruptcy was fully discharged, you can refile bankruptcy after a certain amount of time has passed. If you file before the time limit is up, you will not be entitled to have your debts discharged. Written by Kristin Turner, Harvard Law Grad.

When to refile Chapter 13 after a discharge?

Filing a Chapter 13 after a previous Chapter 13 discharge (2 years). If you had a Chapter 13 filing that ended with a discharge and you need to refile Chapter 13 again, you cannot file any sooner than two years from when your previous case was filed.

Is there a time limit to file a Chapter 7 discharge?

If you file before those four years are up, your unsecured debts will not be discharged. The time limit is only applicable if you got a discharge (not a dismissal) for your Chapter 7 filing. Filing a Chapter 7 after a Chapter 13 discharge (6 years).

Can you file Chapter 13 after your chapter 7 was?

Gordon Charles Webb. If you file Chapter 13 within four years of filing Chapter 7, you are not eligible for a discharge of your debts after you complete the three- to five-year Chapter 13 plan. However, you can still file the Chapter 13 to keep creditors from suing you, garnishing your paychecks or levying your bank account.

Can a debtor be discharged in a Chapter 7 bankruptcy?

In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged.

Is there a time limit to file Chapter 7?

The time limit is only applicable if you got a discharge (not a dismissal) for your Chapter 7 filing. Filing a Chapter 7 after a Chapter 13 discharge (6 years).

Can a bankruptcy court waive the Chapter 7 fees?

If the debtor’s income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 28 U.S.C. § 1930(f).

How long does it take to get a chapter 13 discharge?

If the debtor receives a Chapter 13 discharge in the first case, he will not be able to receive a discharge in a subsequently filed Chapter 13 case unless at least 2 years pass between the filing of the bankruptcy petition in the first and second case. Ch. 7 Followed by Ch. 13.

Is the discharge date of a bankruptcy case irrelevant?

Filing Dates Control. All time periods start and end on the bankruptcy petition filing date for each case, except for cases converted from one chapter to another. The discharge date is always irrelevant.

When does Billy Bob get a bankruptcy discharge?

Under these facts, Billy Bob will be eligible to receive a discharge in the second case because the bankruptcy petition in the second case was filed more than 8 years after the bankruptcy petition was filed in the first case.

When does a Chapter 7 bankruptcy get discharged?

Timewise, in a Chapter 7 case, the court sends out the order approximately three to four months after filing. In a Chapter 13 bankruptcy, the discharge comes after completing the three- to five-year repayment plan.

Where do I find the discharge date and case number?

You’ll find the filing date and case number at the top of almost any document you receive from the court. The discharge date will appear on the left-hand side of the discharge order immediately next to the issuing judge’s name (you’ll find the case number in the top box).

Since a Chapter 13 discharge can’t be granted until all of the payments have been made, it takes 3-5 years from the date the Chapter 13 bankruptcy petition is filed to get a Chapter 13 discharge. How Do I Find Out the Official Date of My Discharge Order?

Where can I find the date of discharge from bankruptcy?

You can find the number on an old bankruptcy document if you don’t want to go online. Some clerks can give the date of discharge over the phone. A paper copy of your discharge could cost a few dollars. A certified copy of your bankruptcy order for discharge will be more expensive.

Can a Chapter 7 bankruptcy discharge be revoked?

In Chapter 7 bankruptcy, the trustee or a creditor can file a complaint alleging that the court should revoke a discharge, and the court will withdraw it if you: obtained the discharge through fraud that the requesting party didn’t discover until after discharge

When does a discharge occur in a chapter 13 bankruptcy?

Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing. The court may deny an individual debtor’s discharge in a chapter 7 or 13 case if the debtor fails to complete “an instructional course concerning financial management.”

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

Can a Bankruptcy Court revoke a discharge order?

In chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge. May the debtor pay a discharged debt after the bankruptcy case has been concluded? A debtor who has received a discharge may voluntarily repay any discharged debt.