In certain circumstances you can benefit by filing for Chapter 13 after a Chapter 7 filing. Commonly, known as ‘Chapter 20’ bankruptcy, you will be able to first discharge debt and then develop a repayment plan for the remainder.
Chapter 20 Bankruptcy
Unofficially titled, Chapter 20 bankruptcy is a complex approach to debt relief. Qualifying homeowners who want to stay in their home may file for Chapter 13 Bankruptcy after the completion of their Chapter 7 bankruptcy. In some cases, the bankruptcies can run concurrently. In-depth knowledge of bankruptcy law is essential for this strategy.
Step by Step Bankruptcy
It is necessary that you have agreed to regular mortgage payments under the terms of the Chapter 7 bankruptcy. Signing a reaffirmation agreement or redeeming the property would negate the benefits of Chapter 20. But after the discharge of unsecured debt, a Chapter 13 can then be filed in order to redeem the property with installments.
Our attorneys can guide you through the process as follows:
- Discharge debt through Chapter 7 filing
- Dispose of liens through Chapter 13 filing
- Discharge debts that could not be discharged under Chapter 7
- Use the automatic stay to develop a repayment plan
- Use terms of Chapter 13 to begin paying off remaining debt
- Bring claims against creditors who violated the terms of Chapter 7