Legal Question in Bankruptcy in Georgia

Can you file chapter 13 bankruptcy even if you have filed cheaper 7 and it hasn't been 7 years yet?


Asked on 9/24/13, 10:56 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Often, yes.

First of all the time perioid between Chapter 7's is eight years.

You can sometimes file a Chapter 13 one DAY after a 7. Depending on the length of time between a 7 and 13 you may not receive a 13 discharge, but you may get other benefits.

Call me at 404-768-3509 with specifics.

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Answered on 9/24/13, 11:03 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Let me add that if it has been 7 years, you can likely get a Chapter 13 discharge too.

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Answered on 9/24/13, 11:04 am
Robert Gardner Hicks, Massey & Gardner, LLP

You can file a chapter13 and receive a discharge so long as it has been 4 years since your chapter 7 was discharged. If less than that, you can still file a chapter 13 to stop a foreclosure, garnishment, or repossession, you will just not be eligible for a discharge. That means you would have to set up a chapter 13 plan to pay off your debt in full over a time period up to 60 months.

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Answered on 9/25/13, 2:17 pm


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