Legal Question in Bankruptcy in California
filing again after a discharge
we filed a ch. 13 in 1998, it has been discharged about a year ago, how long do you need to wait to file a Ch. 7 after a discharge? also, will we lose our only vehicle we financed a year ago, due to a Ch. 7?
2 Answers from Attorneys
Re: filing again after a discharge
If your Plan paid less than 70% of unsecured debt, you can file a new Ch. 7 case after 6 years have passed from the date of filing of your Ch. 13 case. You should be able to retain your vehicle as long as you can maintain the required payments.
Re: filing again after a discharge
You cannot file for Chapter 7 if you received a discharge under Chapter 7 or 13 in a case filed within the past six years. However, if a Chapter 13 was filed less than six years ago, and you received a discharge after paying at least 70% of your unsecured debts through that Chapter 13, you may still file a Chapter 7 without waiting the six years.
You can usually also keep the car by continuing to make the payments.
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