I am not entitled to a discharge.

[kklblue]

What is the name of your state (only U.S. law)? Minnesota

In 2004 I filed for chapter 7 after going through a horrible divorce in which my ex-husband refused to pay anything. I had his car company coming after me even after court stated it was his responsibility (entirely different subject). In 2007/2008 I was unemployed due to illness and in early 2008 filed chapter 13 to repay some medical bills. At the time of the trustee hearing I was told that I was not eligible for a "discharge". I would only get a dismissal, because it isn't 8 years between the chapter 7 and chapter 13. I didn't realize at the time how valuable the discharge is. Everybody asks for the discharge papers.

I am about 8 payments away from my 13 being "paid in full". I have made every payment on time and never missed a single payment. I am also worried that as soon as the creditors find out I am not eligible for a discharge they will come back after me. I have the following questions.

Can I try and convert my Chapter 13 to a Chapter 7 now.
Do I have to wait until my Chapter 13 is finished then convert it to a Chapter 7.
Do I have to file a Chapter 7 completely separate.

My current credit score is about 655 with newly rebuilt credit. How bad is this going to hurt my credit scores.

Does anyone have any other ideas?

I feel like this chapter 13 was a complete waste of time. While I was protected during the 5 years it seems like the inevitable that the creditors will come after me.

Thanks for any help.

 

[despritfreya]

In 2004 I filed for chapter 7. . . in early 2008 filed chapter 13 to repay some medical bills. At the time of the trustee hearing I was told that I was not eligible for a "discharge". I would only get a dismissal, because it isn't 8 (sic) years between the chapter 7 and chapter 13. . . I am about 8 payments away from my 13 being "paid in full". . .

You apparently did the chapter 13 without the assistance of counsel. That was your biggest mistake.

You filed your 7 in 2004. You filed your 13 in 2008. The questions are: What is the date of your 7 discharge and what is the date of the filing of the chapter 13?

11 USC 1328(f), states “the court shall not grant a discharge. . . if the debtor has received a discharge in a case filed under chapter 7. . . during the 4 year period preceding the date of (filing the chapter 13). (emphasis added)

So, all you needed to do was wait 4 years and 1 day after the date of the chapter 7 discharge to file the 13. My guess is that you missed the date by a very short window. Had you consulted with an attny he/she would have told you to wait. But you apparently did not consult with an attny, filed prematurely and are now, nearly 5 years later, not entitled to a discharge.

In answer to your question, converting will not work as one looks at the date you filed, not the date you converted to determine if you can get a discharge.

At this point you could dismiss or complete the 13. If creditors start trying to collect, once you are positive that 8 years has passed since date you filed the chapter 7, and assuming you otherwise qualify, you can file a chapter 7. Be warned however, if you opt to dismiss and file a new case there are things that must be done as a result of dismissing and refiling within 1 year. Therefore, this time DO NOT do this on your own. Hire an attny.

Des.