Imperial, TX Bankruptcy Law Firms & Lawyers

You are allowed to change the type of case you have. You would not file a new Chapter 13 case if you're already in an active Chapter 7 case, but you can file the appropriate pleadings to have your existing case "Converted." There are a few criteria, so occasionally the debtor's request for Conversion may draw opposition and perhaps even be blocked or denied. But Converting cases between Chapter 7 and Chapter 13 is something permitted under bankruptcy law.

Different variables may effect a different answer (see this San Diego bankruptcy attorney's website for detail), but your situation MAY correspond to this common fact pattern: If you filed a chapter 7 bankruptcy case in 2005 AND received a discharge (successful forgiveness of debt), then you can file another chapter 7 bankruptcy in 2013 (in order to receive a discharge), after it's been 8+ years after the filing date of the first chapter 7 bankruptcy. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.