Chapter 13 how often can you file

It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. They even helped figure out the 'what next' and 'where to go from here' that comes up.

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Emma Radcliff 02 Jul I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.

Richard Parker 27 Jun If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause. In no case may a plan provide for payments over a period longer than five years.

During this time the law forbids creditors from starting or continuing collection efforts. This chapter discusses six aspects of a chapter 13 proceeding: the advantages of choosing chapter 13, the chapter 13 eligibility requirements, how a chapter 13 proceeding works, making the plan work, and the special chapter 13 discharge. Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure.

By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time.

Another advantage of chapter 13 is that it allows individuals to reschedule secured debts other than a mortgage for their primary residence and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors.

Individuals will have no direct contact with creditors while under chapter 13 protection. These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor. An individual cannot file under chapter 13 or any other chapter if, during the preceding days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.

In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. There are exceptions in emergency situations or where the U. If a debt management plan is developed during required credit counseling, it must be filed with the court. A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence.

Unless the court orders otherwise, the debtor must also file with the court: 1 schedules of assets and liabilities; 2 a schedule of current income and expenditures; 3 a schedule of executory contracts and unexpired leases; and 4 a statement of financial affairs. The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts.

The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case including tax returns for prior years that had not been filed when the case began. A husband and wife may file a joint petition or individual petitions. The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at www. They are not available from the court.

Normally the fees must be paid to the clerk of the court upon filing. With the court's permission, however, they may be paid in installments. The number of installments is limited to four, and the debtor must make the final installment no later than days after filing the petition. For cause shown, the court may extend the time of any installment, as long as the last installment is paid no later than days after filing the petition.

If a joint petition is filed, only one filing fee and one administrative fee are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case.

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:. Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. You can file for Chapter 13 before four years if no debts were discharged in the Chapter 7 filing, but if you had debts discharged in Chapter 7 and want to have debts discharged in Chapter 13, you must wait four years.

If you file Chapter 13 at least four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan. Student loans — one of the most significant debts Americans face — are also not dischargeable. How We Make Money. Dan Miller. Written by. Dan Miller is a contributing writer for Bankrate. Dan writes about loans, home equity and debt management.

Edited By Chelsea Wing. Edited by. Chelsea Wing. Chelsea has been with Bankrate since early She is invested in helping students navigate the high costs of college and breaking down the complexities of student loans.

Share this page. Motions need to be filed on time and supported by an affidavit by the debtor drafted by experienced attorney explaining the circumstances and why the new case presents a better opportunity to succeed. There are certain circumstances that can bar a re-filing when a debtor voluntarily dismisses his or her prior case. Further, a bankruptcy judge can enter an order barring the re-filing of a case if the judge determines that the filer was abusing the system to hinder or delay creditors versus using it as a tool to reorganize their debts.

These orders are rare but a client's eligibility to re-file will always be confirmed when meeting with our attorneys. For all of these reasons, it is essential to work with an experienced law firm to refile a case.

You are eligible to file a Chapter 7 every eight years. The clock is reset from the time your case is filed, not discharged. The court does not require you to narrate or explain your reasons for needing to re-file. If you did not receive a discharge i. If you filed a Chapter 7 and obtained a discharge, but fell into subsequent financial hardship within those eight years, you can file a Chapter 13 at any time.

This would provide you with:. If you file the Chapter 13 at least four years after the Chapter 7 filing, you can eliminate a portion if not the majority of your unsecured debt obligations credit cards, medical bills, etc as well as your second mortgage and received a court discharge from those debts.

If you did not reaffirm your second mortgage when you filed your Chapter 7, you may be able to remove the second mortgage from the property with the use of a Chapter 13 whether it has been 4 years since the Chapter 7 or not. Contacting an experienced bankruptcy attorney should be your first step in the process of exploring your options on how many times can you file bankruptcy. We offer free same-day bankruptcy evaluations. Please call us toll free at or schedule a consultation right now.

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