Central District Consumer Bankruptcy Attorney's Association

Posted: **Thu Feb 07, 2008 9:14 am**

It's also important to note that your client will not get a discharge as
to the 13 under section 1328(e). If he primarily has unsecured debt,
you may want to "hold off" his creditors until 4 years as passed from
the filing of the 7 and then file a low% 13 (if possible).
Raj T. Wadhwani
Wadhwani Law Firm, APLC
15233 Ventura Blvd., Suite 1120
Sherman Oaks, CA 91403
Phone: (818) 784-0500
Fax: (818) 784-0508
raj@wadhwanilaw.com
>
> Sure, but Chapter 20 not available in such a case.? He would have to
do a 100% plan.
>
>
> 20969 Ventura Blvd., Suite 230
> Woodland Hills, CA 91364
> Tel-(818)430-7770
> Fax-(818)593-5522
> http://smythesworld.blogspot.com
>
>
> -----Original Message-----
> To: cdcbaa@yahoogroups.com
> Sent: Thu, 24 Jan 2008 12:46 pm
> Subject: [cdcbaa] new bk
>
>
>
>
>
>
> Client filed a 7 three years ago. He's in hot water again after a
> judgment. Can he file a 13 now under the new bankruptcy laws?
>
>
>
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>

The post was migrated from Yahoo.

Posted: **Fri Jan 25, 2008 4:06 pm**

Dear Nick,
11 U.S.C. 1328(f) states: " . . . the court shall not grant a discharge of all debts provided for in the plan . . . if the debtor has received a discharge - (1) in a case filed under chapter 7 . . . of this title during the 4-year period preceding the date of the order for relief under this title."
Therefore, while your client can file a Chapter 13 (nothing in this section prohibits filing the papers), your client cannot receive a Chapter 13 discharge unless the filing date is at least 4 years after the filing date of the Chapter 7. In other words, there is no such thing as a "Chapter 20" any more.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Web: www.goodbye2debt.com
Email: mn.gebelt@verizon.net
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@goodbye2debt.com and destroy the original message and all copies.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, January 24, 2008 12:46 PM
Subject: [cdcbaa] new bk
Client filed a 7 three years ago. He's in hot water again after a
judgment. Can he file a 13 now under the new bankruptcy laws?

The post was migrated from Yahoo.

Posted: **Thu Jan 24, 2008 3:42 pm**

See 1328(f)(1). 4-year waiting period, I believe petition date to petition date. Note that if he falls within this section, it means he can't get a discharge in the new 13, but not necessarily that he can't file at all (there may be a reason to file anyway to get benefit of auto stay while he pays 100% for example, to stop garnishments, etc.). Would still owe back interest at end since no discharge, but still some benefit. Of course, don't know how aggressive your judgment creditor is and how much they might fight such a filing, or what the result would be if they did..
Joseph E. Caceres, Esq.
Caceres & Shamash, LLP
8383 Wilshire Blvd., Suite 1010
Beverly Hills, CA 90211-2409
Tel: (323) 852-1600, x102
Fax: (323) 852-9009
E-mail: jec@locs.com
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, January 24, 2008 12:46 PM
Subject: [cdcbaa] new bk
Client filed a 7 three years ago. He's in hot water again after a
judgment. Can he file a 13 now under the new bankruptcy laws?

The post was migrated from Yahoo.

Posted: **Thu Jan 24, 2008 3:26 pm**

X-Yahoo-Marked-Not-Spam:
Sure, but Chapter 20 not available in such a case.? He would have to do a 100% plan.
20969 Ventura Blvd., Suite 230
Woodland Hills, CA 91364
Tel-(818)430-7770
Fax-(818)593-5522
http://smythesworld.blogspot.com
To: cdcbaa@yahoogroups.com
Sent: Thu, 24 Jan 2008 12:46 pm
Subject: [cdcbaa] new bk
Client filed a 7 three years ago. He's in hot water again after a
judgment. Can he file a 13 now under the new bankruptcy laws?

The post was migrated from Yahoo.

Posted: **Thu Jan 24, 2008 12:46 pm**

Client filed a 7 three years ago. He's in hot water again after a
judgment. Can he file a 13 now under the new bankruptcy laws?

The post was migrated from Yahoo.