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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Filed Bankruptcy Before End of Waiting Period

    My question involves bankruptcy in the state of: Oregon

    Hello,

    I have a question regarding filing chapter 13 before the 4 year waiting period. I initially filed ch 7 in 10/2008 and have just filed ch 13 this week. I had met with an attorney who said this is ok and so I filed. I just received a "Notice of intent to not grant the debtors a discharge" but it says that it does not change the deadline set for filing or alter the need to file. I have read that this will mean that i just cannot receive my discharge until after the waiting period which is not far off and will be after my repayment plan time frame.

    Does this mean that i can still proceed with my filing or should i file an objection with the court stating these facts?

    Any advice will be greatly appreciated and deemed only as advice.

    Best regards

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Filed Bankruptcy Before End of Waiting Period

    You can proceed with your current 13 BUT you are not entitled to receive a discharge even if you complete the Chapter 13 you have filed. You will have to drop out of the case and file a new case once the 4 years are up if you wish to try to obtain a discharge. There is no way around this issue.

    Des

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