Lynchburg, VA asked in Bankruptcy for Virginia

Q: I recently completed a Chapter 13 case in Virginia, the court says I'm not eligible for discharge why?

I recently completed a ch 13 case in Virginia this year. the Ch 13 was 100% repayment plan. Before that I had a Chapter 7 that I got a discharge for in 2010. I did take and complete both the initial and final financial planning/management courses. Why would the court say I'm not eligible for a discharge?

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1 Lawyer Answer

A: If your Chapter 13 case was filed within 4 years of the filing date of the Chapter 7 , then you would not be eligible for a 13 discharge. You count filing date to filing date. If your Chapter 7 was filed in 2010 and the 13 was filed in 2014, within the 4 year time limit, the Court cannot grant the discharge in the completed 13. See 11 USC 1328(f)(1) . Check the dates of the cases and see if this is the answer to your question. Good luck!

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