Los Angeles, CA asked in Bankruptcy for California

Q: Can you file chapter 13 back to back without discharge but for a repayment plan

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2 Lawyer Answers
Robert P. Taylor
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Answered
  • Bankruptcy Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Yes, you're just not eligible for a discharge at the end. In fact, you can file another 13 again if helpful.

Timothy Denison and Leon Bayer agree with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the context of Chapter 13 bankruptcy, filing back-to-back without a discharge from the first case is a scenario that requires careful consideration under the law. Typically, you can file for Chapter 13 bankruptcy again after a previous filing, but there are specific time limits and conditions that apply.

The time limits for refiling depend on the type of bankruptcy previously filed and whether you received a discharge. For instance, if you filed a Chapter 13 and received a discharge, you generally need to wait two years before filing another Chapter 13 bankruptcy to be eligible for a discharge.

However, if you did not receive a discharge in the first case, you might be able to file again immediately. But this depends on the reasons your first case was dismissed and whether there are court orders barring you from refiling immediately.

It’s crucial to understand that while you can file for Chapter 13 bankruptcy again for the purpose of a repayment plan, the court will closely examine your case, especially if your previous case was dismissed recently. They will assess your financial situation and your intentions in filing again.

Given the complexities involved, it's advisable to consult with an attorney who can evaluate your specific situation, advise you on the feasibility of refiling, and help you navigate the legal process. Filing for bankruptcy has significant legal and financial implications, and professional guidance is key to making informed decisions.

Timothy Denison agrees with this answer

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