Lombard, IL asked in Bankruptcy for Illinois

Q: Filed ch 7 in 2009, currently in ch 13 want to convert to 7 but read that if i convert it wont be dischargeable?

at the time I filed ch 13 I could not file ch 7 because it had not been 8 yearsso technically if I was not able to file ch 7 at the time I filed ch 13 converting would not be an option. Dismissing ch 13 and re-file?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Not sure why it wouldn’t be dischargeable.

Ray Choudhry
Ray Choudhry
Answered
  • Bankruptcy Lawyer
  • Moline, IL
  • Licensed in Illinois

A: A new Chapter 7 can be filed 8 years after the filing date of the previous one.

If you file a Chapter 13 within the 8 years and convert to Chapter 7, the date of filing does not change.

No Chapter 7 Discharge.

If it was different, then a person could file a 13 and convert to 7 right after getting a discharge on the first 7.

As far as dismissing the 13 and then filing a 7, there are certain waiting periods.

Consult a bankruptcy attorney.

1 user found this answer helpful

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