El Sobrante, CA asked in Bankruptcy for California

Q: What is the waiting period to file Chapter 7 that was converted from a Chapter 13?

I filed for Chapter 13 on 1/2012 that was converted to a Chapter 7. I received a discharge 5/2013.

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4 Lawyer Answers

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Eight years from filing date.

1 user found this answer helpful

Aaron Michael Lloyd

Answered
  • Bankruptcy Lawyer
  • Los Angeles, CA
  • Licensed in California

A: 8 years from the file date of the chapter 13 bankruptcy case since that one was converted to a chapter 7 bankruptcy case and so its not really a new case but a converted case. I hope that was helpful.

1 user found this answer helpful

Ronald Holland

Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: I think what you are asking is when you can file another chapter 7 and receive a discharge. Keep in mind that you can always file a case, but the discharge provisions of chapter 7 and chapter 13 define when you can get a discharge for each chapter.

The time period to count is "petition to petition" so when the case was converted isn't part of the calculation; as long as it was the same case the petition date is what matters.

A chapter 7 after a previous chapter 7 discharge (whether originally a chapter 7 or converted to chapter 7, is 8 years. So you would not be eligible to obtain a chapter 7 discharge under the circumstances you described until 1/2020.

If I have the question wrong, then of course the answer will be different, for example, if you received a discharge under chapter 13.

1 user found this answer helpful

Harlene Miller

Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: My colleagues have covered the question, and I agree with the analysis. You may want to talk with an experienced bankruptcy attorney regarding a potential for filing another chapter 13, or some of us have experience in advising clients on ways to deal with creditors, budgeting and other ideas to handle the debt. Good luck to you.

1 user found this answer helpful

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