Expert: Terry Leeders - 4/5/2009

Question
can i file chapter 13 1 year after my chapter7 was discharged?

Answer
You may, however, if the chapter 7 case was filed less than 4 years before the chapter 13 filing, you are not subject to a discharge in the chapter 13.  The filing may have benefits, like to cure mortgage arrears and stop foreclosure, but the unsecured debts will not be discharged, and you may owe some when the chapter 13 is over. Consult with a local bankruptcy attorney to best review your options.