Filing Chapter 13 Bankruptcy

Edwards Finance > Loans

Q. Can an individual file a chapter 13, if he filed a chapter 7 14 months ago?

A. I'm sure someone will correct me, but I believe that the six year bar only applies to 7 and 11 discharges. It is my understanding (perhaps mistaken) that there is no limit on the number of 13's you file (of course they each take five years to complete the plan). It is common practice to file a Chapter 7, follwed shortly thereafter by a Chapter 12 or 13 which allow for discharge of a wider variety of debts. See Epstein, Nickels & White, sect. 9-30. What happened to the chapter 13 plan? Was it completed? The proper procedure would be to petition the court to convert your 13 to a 7 if it hadn't been dismissed. A B/K trustee cannot simply liquidate property transferred in fraud of creditors (which, by the way will insclude all creditors, not just you). First, an independent action must be filed to recover the property. Perhaps the trustee feels that the case isn't a strong one, or that the property isn't worth enough to puruse it. However, I believe that a competent trustee would seek approval of the Judge, after a hearing before deciding to abandon the claim. He probably intends to petition the Court for instructions on how to proceed. He would be risking a malpractice claim if he closes the estate without dealing with this issue, expectially if there is any evidence of a frauldulent transfer in the record of the proceedings. Your attorney should receive notice of any such proceeding and you will have an opportunity to be heard. Bankruptcy Law is not my area of expertise. I cannot tell you what section of the Code applies, but I believe that a creditor can file a motion to compel the trustee to proceed against the property transfer and that way,bring the issue before the Judge. Your attorney should be able to answer this question. If he /she can't, a second opinion is in order..

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