Currently i am not eligible for a Chapter 13 discharge, how can i get my case discharge later?

Pursuant to 11 USC 1328(f), you cannot get a discharge if your Chapter 13 is filed within 4 years of the filing of your previous Chapter 7. There is nothing you can do to change that, other than dismiss the Chapter 13 you file within the 4-year period and file a new one. You may have other strategies, though, so it would be a good idea for you to sit down with one or more local attorneys to discuss all of your options.

Your options are limited because of the four year requirement. You could file a chapter 13 plan with a 100% payment plan. Then it would matter if you received a discharge or not. Once the four years has past since your previous bankruptcy could file a plan modification to create a less than 100% plan Alternatively, you could try debt negotiation with some of your larger creditors. Consult with a bk attorney in your area for more ideas.

The only way to get a chapter 13 discharge is to dismiss the current chapter 13 once the 4 years since the chapter 7 was filed and then file a new chapter 13. At that point, you must make sure that no motions to lift the automatic stay have been filed at any point. If a motion to lift has been filed at any time during the case and you file a motion to dismiss, you will be barred from filing a new chapter 13 for 180 days after the dismissal.

If you file a chapter 13 before 4 years have passed since you obtained a chapter 7 discharge, you cannot get a discharge in they new chapter 13. Any remaining debt would still exist after you completed your plan. You can try to reach a settlement with the creditors, so that they voluntarily forgive the debt or you could file another bankruptcy after the chapter 13 is completed, assuming the time has elapsed to allow you a discharge in the new case.. All of your options should be reviewed and discussed as they may negatively effect other things you are attempting to do, or cause tax or other issues.

To answer you question, I would need to understand your goals & have an idea about the nature of your debts. For example, do you want to catch up on arrearages on a house or a car? Pay off a priority debt, such as for child support, alimony, or taxes? Stop a garnishment? Chapter 13 can be an expensive or futile way to resolve debts. Other programs also have some merit. Hope this perspective helps.

Section 1328(f) will not allow for a discharge in this case, regardless of payment percentage or future modification of your plan. There must be at least 4 years between the petition dates. Is it possible for you to wait until the 4 years passes? Remember, the time is counted from petition date to petition date, not from the closing or discharge date of the first case. Second, it IS possible to file now if needed. Although the law says you can be a debtor in chapter 13 without receiving a discharge, there are some issues you can run into. Some judges, although far in the minority, will not confirm a chapter 13 plan if there is no discharge available in the new case. Others take the view that if you are doing this for the sole purpose of stripping off a 2nd mortgage that was already discharged you can't be in chapter 13. That is contrary to the statute and is also an extreme minority few, in my opinion. Whether you should file now or wait, or whether there will be issues in your particular jurisdiction are always a question, so speak to a local, experienced bankruptcy attorney or attorneys, find one that you are comfortable with and hire them. This is not something you should do on your own.

You could complete your Chapter 13 case without a discharge and then 8 years after your first Chapter 7 you could file a new Chapter 7 and get a discharge. However, I cannot recommend this course of action without knowing what your goals are and why you are trying to do a Chapter 13 now so soon after a Chapter 7.

There is an 8 year bar to filing a Chapter 7 and getting a discharge after a Chapter 7 in which you obtained a discharge. If you filed in 2013 then you are eligible for a Chapter 7 again in 2021 (after the date you filed the Chapter 7 in 2013). If you file a Chapter 13 now and confirm a plan for 5 years then it will be 2020 before you are done with the Chapter 13. It is true that you will not receive a Chapter 13 discharge because you would have had to file the Chapter 13 in 2017. If you go through with a Chapter 13 plan that does not pay all of your creditor (what we call a less than 100% plan and I would try to confirm a 0% plan if possible) then the creditors cannot do anything to you while you are in the Chapter 13 due to the automatic stay. Once you Chapter 13 is over in 2020 wait one year until you are eligible for a Chapter 7 discharge then file the Chapter 7 in 2021 to discharge the debt that was not paid through the Chapter 13. It requires two cases but that is the only way to obtain a discharge.