Can You File Chapter 7 Bankruptcy Immediately After Chapter 13 Ends?
- A Chapter 7 bankruptcy filing typically requires a delay after a previous Chapter 13 filing, but an open Chapter 13 case can be converted to Chapter 7. The U.S. bankruptcy code allows this conversion for any reason. If an individual cannot meet the structured payments required under Chapter 13, he may be able to discharge those debts by converting to Chapter 7.
- Converting or refiling for Chapter 7 bankruptcy can come with significant disadvantages. Under Chapter 7 bankruptcy, assets must be liquidated, which can mean the loss of possessions such as homes, vehicles and businesses. To avoid these liquidations, individuals undergoing Chapter 13 can work with their creditors and the court to create a repayment plan within their budget without losing possessions.
- While filing both Chapter 13 and Chapter 7 bankruptcy is possible and legal, it is usually not recommended. Multiple bankruptcies reflect very poorly on credit reports, and can cause long-term financial harm. Negotiating the terms of a Chapter 13 plan and repaying creditors while avoiding total liquidation is usually the best option.