Bankruptcy Law/chapter 7

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Expert: - 10/31/2007


Question
QUESTION: My husband and I filed a chapter 13 in 7/02 and completed in 6/04 @ 100%. We live in TN. can we now file a chapter 7?

ANSWER: You can file it, but if you received a discharge of debts in your Ch. 13 case you won't be able to discharge your debts in the chapter 7 case.

---------- FOLLOW-UP ----------

QUESTION: so you mean I can file chapter 7 but it will not be approved? Please explain further.I did receive a discharge in the chapter 13

Answer
Actually, I just noticed that you said you paid 100% of the unsecured claims in your Chapter 13 case.  If that's true, you should be able to file a Chapter 7 case now AND are eligible to receive a discharge (assuming you are granted a discharge).   I don't have my bankruptcy code in front of me at the moment, so I will double check later and supplement this if necessary.

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Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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