can you file again?
Date: Thu, 11/15/2007 - 05:59
I had a Bk 7 discharged dec 05. Can I file chapter 13?
Doesn't sound like it ... From 11 USC 1328(f): Quote:(f) Notwi
Doesn't sound like it ...
From 11 USC 1328(f):
Quote:
(f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge???????? (1) in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter ... |
But I've seen it done before. I don't think it's automatically tossed - I think the trustee has to object and file a motion for dismissal.
But I do think the 13 plan asks you if you have filed within the last X years, and you have to answer it truthfully or they can get you for perjuring court documents.
