AV Preeminent Peer Rated Attorneys
Georgia Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Georgia Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Georgia Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 1 Jefferson Street, Newnan, GA 30263

  • 904-A Hillcrest Pkwy., Dublin, GA 31040

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  • 3060 Peachtree Road, NW, Atlanta, GA 30305

  • 3330 Cumberland Blvd., Ste. 500, Atlanta, GA 30339

  • 206 Beaumont Hts., Macon, GA 31205-0331

  • 1930 N. Druid Hills Rd. N.E., Ste. B, Atlanta, GA 30319

  • Decatur, GA 30031-0550

  • 3471 Donaville St., Duluth, GA 30096

  • 191 Roswell Street, Marietta, GA 30060

  • 465 Simmons Road, Toccoa, GA 30577

  • 3355 Lennox Rd., Ste. 750, Atlanta, GA 30326

  • Suite 4, Sixth Street, Columbus, GA 31902

  • 403 1/2 S. Pleasant Hill Rd., Warner Robins, GA 31088

  • 4046 Sharpsburg McCullum Rd., Suite 113, Newnan, GA 30265

  • 1385 Spring St., N.W., Atlanta, GA 30309

  • 1499 Stepstone Way, Lawrenceville, GA 30043-7117

  • 2003 Burnt Hickory Rd. N.W., Marietta, GA 30064

  • 2476 Pleasant Hill Rd., Ste. 203, Duluth, GA 30096

  • 107 Smith St., Jonesboro, GA 30237-1143

  • 210 Magalynn Way, Chatsworth, GA 30705

  • 3664 Club Dr., Ste. 203 A, Lawrenceville, GA 30044

  • 4807 S. Main St., Acworth, GA 30101-0991

  • 3384 Chestnut Woods Circle, Atlanta, GA 30340

  • 1922 Forsyth St., Macon, GA 31208-4086

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About our Bankruptcy Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Am I eligible to file a chapter 13 if I was discharged from one before?

Jennifer Jakob-Barnes
Answered by attorney Jennifer Jakob-Barnes (Unclaimed Profile)
Bankruptcy lawyer at Jakob-Barnes Law Firm, LLC
Yes you can file another Chapter 13 is your first one was closed. Depending on how recently the first one was filed, you may or may not be eligible for a discharge.
Yes you can file another Chapter 13 is your first one was closed. Depending on how recently the first one was filed, you may or may not be eligible for a discharge.
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If my Chapter 13 got thrown out, can I file a Chapter 7?

David Michael Benson
Answered by attorney David Michael Benson (Unclaimed Profile)
Bankruptcy lawyer at Benson Law Firm
The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.
The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.
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Am I eligible to file a chapter 13 if I was discharged from one before?

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Answered by attorney William Monroe Rubendall (Unclaimed Profile)
Bankruptcy lawyer at William Rubendall Attorney at Law
You cannot receive a discharge in chapter 13 unless you file a subsequent case after 2 years from the date of discharge. If you are not eligible for a discharge you can still file a case. For example, if you have a secured judgment lien on your house or home arrears you can pay these debts in a subsequent chapter 13 without receiving a discharge of debts. Once the debts are paid the case will be closed.
You cannot receive a discharge in chapter 13 unless you file a subsequent case after 2 years from the date of discharge. If you are not eligible for a discharge you can still file a case. For example, if you have a secured judgment lien on your house or home arrears you can pay these debts in a subsequent chapter 13 without receiving a discharge of debts. Once the debts are paid the case will be closed.
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