Can you file a Chapter 7 while in Chapter 13?

Unless you have already received a Chapter 7 bankruptcy discharge within the last eight years, you can convert your Chapter 13 case to Chapter 7 at any time.

Although unusual, you can also convert a Chapter 7 to a Chapter 13 case. This conversion usually happens when the filer’s income is too high to pass the means test, indicating that there’s sufficient income to repay creditors some amount through a Chapter 13 repayment plan.

How much does it cost to convert a Chapter 13 to Chapter 7?

Aside from amended Schedules I and J, all you have to do to convert your Chapter 13 case to one under Chapter 7 is file a “Notice of Conversion” that provides notice to the court and your creditors about the change. You will also be required to pay a one time $25 conversion fee.

When do you get discharged from a Chapter 7 bankruptcy?

In Chapter 7 bankruptcy, you normally receive a discharge a few months after filing your case. If you filed for Chapter 13 bankruptcy, you typically have to complete your Chapter 13 repayment plan before the court will grant you a discharge. (To learn more, see The Bankruptcy Discharge.)

Can a Chapter 7 bankruptcy be filed under Chapter 13?

The debtor who has gone through a Chapter 7 case is allowed to file bankruptcy under Chapter 13 at any time after the first case’s debts have been discharged.

Can a discharge be revoked in a chapter 13 bankruptcy?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case. Can the discharge be revoked? The court may revoke a discharge under certain circumstances.

Are there exceptions to discharge under Chapter 7?

There are 19 categories of debt excepted from discharge under chapters 7, 11, and 12. A more limited list of exceptions applies to cases under chapter 13. Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523 (a) applies.

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