Legal Question in Bankruptcy in Virginia

Can I file twice

My husband and I filed a chapter 13 plan in the state of South Carolina. The plan was discharged before we could finish paying for it. We ask to have our payments lowered because, I was not working and we could not afford it at that time and the lawyer we had said that they could not do that. Once it was discharged we were responsible for all those bills all over again. We have been struggling and we just can't seem to get caught up. We would like to know if it's possible to file a chapter 7 after having a chapter 13 discharged from the court? Thank you.


Asked on 5/09/00, 9:24 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Can I file twice

I believe you mean that the Chap. 13 was dismissed, not discharged. If the 13 was discharged (i.e., that debt was discharged and you need not pay it), you cannot file Ch. 7 for 6 years (technically, you can file, but you cannot discharge the debt). You can file a 13 at any time. If the 13 was dismissed, as it sounds like, you can file a new 13 or a 7 at any time, unless the court dismissed it "with prejudice" or subject to 11 USC � 109(g), in which case you have to wait 180 days before refiling any bankruptcy. If you now live in VA, contact a VA bankruptcy lawyer to discuss your options with you.

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Answered on 6/28/00, 11:54 am


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