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Currently I Am Not Eligible for A Chapter 13 Discharge, how Can I Get My Case Discharge Later?

Feb. 22, 2016

There is an 8 year bar to filing a Chapter 7 and getting a discharge after a Chapter 7 in which you obtained a discharge. If you filed in 2013 then you are eligible for a Chapter 7 again in 2021 (after the date you filed the Chapter 7 in 2013). If you file a Chapter 13 now and confirm a plan for 5 years then it will be 2020 before you are done with the Chapter 13. It is true that you will not receive a Chapter 13 discharge because you would have had to file the Chapter 13 in 2017. If you go through with a Chapter 13 plan that does not pay all of your creditor (what we call a less than 100% plan and I would try to confirm a 0% plan if possible) then the creditors cannot do anything to you while you are in the Chapter 13 due to the automatic stay. Once you Chapter 13 is over in 2020 wait one year until you are eligible for a Chapter 7 discharge then file the Chapter 7 in 2021 to discharge the debt that was not paid through the Chapter 13. It requires two cases but that is the only way to obtain a discharge.