Can I file Chapter 7 bankruptcy if I filed Chapter 13 in 2004?

I filed Chapter 13 in 2004 while I was in the military. Now I’m out and am about 0,000 in debt for medical bills. Will I be able to file for a Chapter 7 since I’ve already filed once before?
The lawyers that helped me file the first time never said anything about a Chapter 7. They told me that Chapter 13 was the only option available for filing bankruptcy.

Technorati Tags: , , , ,

Posted January 18th, 2010 in Bankruptcy Q And A. Tagged: , , , , .

3 comments:

  1. bow8810:

    YES YOU CAN I DID THAT ON MINE WAS 5 YEARS APART SO I WOULD CALL A LAWYER

    January 18th, 2010 at 12:17 am
  2. dieterzakas:

    You don’t indicate whether your Chapter 13 bankruptcy (debt reorganization) is still in force. If it is, you should talk to your lawyer about amending it to include your medical bills.

    You should also see about possibly converting it. The procedure is keyed to the date of your petition; if your Chapter 13 is still in force, i.e., you’re still making payments to the trustee, then you can convert it under the "old" law (the revised law was to everyone’s detriment).

    I was in a similar situation myself: I filed as a "13" in 2004 with approximately $25,000 in debt. I was not happy, as I felt my attorney misled me, and when I learned of the possibility of having my case discharged for nonpayment to the trustee, I sprang into action and converted my case to a "7." Interestingly, even though I sent a copy to my attorney – he wanted $1,250 for the privilege of conversion – no one from his office was at the court the day of the meeting with the trustee. Doing my conversion myself cost me only fifteen dollars plus postage and copying fees.

    January 18th, 2010 at 12:17 am
  3. jheckle:

    Yes, If you’ve already completed your repayment plan setup during your Ch. 13 bankruptcy. You can get the legal forms, instructions, and everything you need to file for Chapter 7 bankruptcy on your own, without an attorney at – http://www.legalformsbank.biz/bankruptcy.asp – and you can learn more about the procedure there.

    January 18th, 2010 at 12:17 am

Leave a response:

-->