Louisville, KY asked in Bankruptcy for Kentucky

Q: was in chapter 7 got discharged now in chapter 13 got case got drop due to my payments now wanna can I file chapter 7?

I am in a situation I have filed chapter 7 and was discharged in 2014 but ended up back in chapter 13 in 2016 but my case got drop due to payments and now wanna now can file chapter 7 again?

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. If you were discharged in 2014 you cannot file another chapter 7 until 2022.

Justin M. Gillman
Justin M. Gillman
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Edison, NJ

A: You can file a Chapter 7 but you cannot get a discharge in the case. The Bankruptcy Code states that you cannot get a discharge for 8 years after a prior Chapter 7 discharge. Starting in Chapter 13 is not a reason since its been 4 years since your last Chapter 7.

Not sure the reason you filed bankruptcy but would suggest you consult and retain an experienced attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.