Brad Weil Law > Blog > Blog > Can I file Chapter 13 after Chapter 7?

Can I file Chapter 13 after Chapter 7?

If the debts were incurred before you filed the Chapter 7 BK and you did not reaffirm them then they are discharged and you do not have to pay them. If you incurred the debt after you filed your Chapter 7 or you did reaffirm them then you are still legally liable for those debts. There is an 8 year bar to refilling a Chapter 7 and obtaining a discharge after having received one. There is a 4 year bar to filing a Chapter 13 and obtaining a discharge after having filed a Chapter 7 and obtained a discharge. The earliest you would be able to file a Chapter 13 in which you could obtain a discharge would be 2017. If you need immediate relief you should file the Chapter 13 anyway even though you are not eligible for the discharge. Otherwise you may be judgment proof and have no assets to collect against so just don’t pay it (if that is the case). Realize if you do not pay it your credit will suffer and you may face a lawsuit.

Leave a Reply