Miami, FL asked in Bankruptcy for Florida

Q: Chapter 20 bankruptcy an option?

In 2015, I received a discharge on a Chapter 7 bankruptcy that I filed pro se and due to medical bills from a heavy traffic accident. After, I started treatment for multiple mental illnesses. With many changes of medication, which took months to adjust to, I was unable to hold a job long-term. I also had temporary physical limitations due to the accident. SSI was still denied.

I am stable now but accumulated a lot of debt, which I can not pay off as fast as I am required to. Would a Chapter 20 therefore be an option? Or is there an alternative with a possible discharge? Or can a motion for discharge be requested later after years of following a Chapter 13 payment plan?

Thank you.


No real estate. Temporarily staying with friends for free while looking to rent an apartment.

Financing a car, approx. 14k owed - not up to date with payments


University Student

Full-time employed with 22k annually.

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1 Lawyer Answer
Christian Robert Panagakos
Christian Robert Panagakos
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: A subsequent Chapter 13 filing (hence your "Chapter 20") could allow you to pay off the unsecured debt you incurred after the time that you filed your Chapter 7 petition over as much as 60 months at 0% interest (but trustee fees). A Chapter 13 discharge will not be available to you unless filed at least four years after the filing date of your initial Chapter 7.

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