Legal Question in Bankruptcy in California

can I file chapter 7 and 13 simultaneously? I am behind 3 months in arrears and I am expecting I will received a foreclosure notice very soon.


Asked on 10/20/11, 5:25 pm

3 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

I believe this happened once to a fella-- turns out he had split personalities that visited 2 different counsel; the court got wise. The answer is no. Within limitations, one may convert from a chapter 7 to a 13 or vice versa. There are solutions; contact local counsel to discuss your particular facts.

This answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it�s independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

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Answered on 10/20/11, 5:36 pm
Douglas A. Crowder Crowder Law Center

No. At least not in Central District of CA.

The foreclosure notice you will likely get first is a "Notice of Default," which will mean that your house can be sold within 110 days (or a similar time frame, if not exact) after that notice. You might have time to file a Chapter 7 and get it finalized before you would have to file a Chapter 13.

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Answered on 10/20/11, 5:42 pm


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