Personal Bankruptcy Chapter 7 discharged, can I file Chapter 13 now?

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sbryan

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My jurisdiction is: Georgia

Thank you in advance for any advice on this subject.

I filed for Chapter 7 last year and it has been discharged but not closed due to the trustee looking at some assets. I reaffirmed my mortgage and car note. I would like to know if I am able now to file Chapter 13 to reconstruct my mortgage payments lower. My taxes and insurance went up and I am very tight again every month and contemplating foreclosure, but would rather keep my home if I am able to work something out with the lender..but if they refuse to work with me...is Chapter 13 an option right after Chapter 7 was discharged and not yet officially closed? Thanks again.
 
I doubt it -- Sounds like the trustee is planning to reopen your BK 7 -- If he has located assets then his plans are to take any assets or $$ he finds and distribute them to unsecured creditors--- also w. you redoing your mortgage etc... You will not be able to cram them down now anyway. Maybe it is time to try and sale the house. FYI when you do a BK 13 you still have to pay your monthly payments on the house every month as it is on your statements, the BK 13 trustee just takes care of delinq pmnts. Anything secured that you want to keep; you must pay for BK 13 would not really be an option in your case either
 
Who's job is it to reaffirm a loan if you file chapter 7 bankruptcy? Does the lawyer have to file a reaffirmation with the debtor or does the debtor have to one once the case has been filed with the courts? Either way shouldn't the lawyer advise you of such a thing? Case in point my friend filed for chapter 7 but advised his lawyer he wanted to keep the car. After the bankruptcy was done they came and picked up his car because "his lawyer did not reaffirm the car note". The lawyer says it's the bank who has the loan that is at fault because they had to reaffirm the loan. PLEASE TELL ME WHO IS AT FAULT.
 
The lawyer, the debtor and the creditor all play a part in this-- the debtor could have contacted the creditor and let them know they wanted to reaffirm the debt too-- the loan should have been and remained current as well.

Even if the debtor did not reaffirm the debt and the account was current they would not have repossessed the car once the BK was discharged, only when it goes delinquent or they fail to provide insurance on the car. the lawyer should have mention that part to the debtor too.
 
Highly unlikey, and as another person said, it sounds like your trustee may reopen. If that is the case then you def. cannot file for chapter 13
 
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