Legal Question in Bankruptcy in Virginia

Re: Filing a different kind of bankruptcy while just going thru it

As Dorothy said, filing a Chap. 13 after a 7 is not per se improper (neither is filing another 7 - the debtor just can't get a Ch. 7 discharge within 6 years, but there could be other reasons to file). The 6 year discharge bar does not apply to Ch. 13, and as a shorthand filing a 7 followed by a 13 is called a "Chapter 20". While some think a Chapter 20 is an abuse, the Supreme Court has said it is not, but the bankruptcy court has discretion to determine whether it is in fact being used in bad faith. If you are a creditor, you can object; if not, don't worry about it.

A debtor is legally required to file in his own legal name, but is also required to list all prior names used in the last 6 years.

Re: Filing a different kind of bankruptcy while just going thru it

It is perfectly legal to file a chapter 13 bankruptcy petition shortly after receiving a discharge under a chapter 7 bankruptcy. If you are concerned that this person has misstated the facts to the court, may I suggest that you go to the courthouse and confirm your suspicions by actually looking at the file.