Las Vegas, NV asked in Bankruptcy for Nevada

Q: If you file a chapter 7 and get a standard discharge. Can you file a chapter 13 Four months later?

I filed a chapter 7 on 5/03 and received a standard discharge on 10/03. Then I filed a chapter 13 on 2/04 and it was dismissed on 7/04. filed another 13, 8/04 and it was dismissed 2/05. I didn't really file the two chapter 13 but it shows I did but I know who did. My question is this possible? Because I filed a thirteen in 2018 and these two showed up. And the paralegal said she has a guy that has filed a 7 then thirteen over and over again. I think she's needs to go back to school.

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1 Lawyer Answer
Clark Dray
Clark Dray
  • Bankruptcy Lawyer
  • Broomfield, CO

A: While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between filings. Because the two Chapter 13 cases were dismissed, they're not especially relevant from as legal standpoint. However, if you file multiple cases a Trustee or creditor can argue that you're acting in bad faith. I'd be surprised if that came up in your case, though. Just take care to comply with the terms of this plan, and look into converting to a 7 if your circumstances change and you can no longer afford plan payments.

Bruce Alexander Minnick agrees with this answer

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