Is it possible to undo a Chapter 13 bankrupcy filling?
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Is it possible to undo a Chapter 13 bankrupcy filling?
I filled on 01/06. I’m having hart time re esblishing account with bank that were included in my filling. Everything was discharged. But I’m finacially able to pay back now. Is possible?
Asked on August 14, 2010 under Bankruptcy Law, Minnesota
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Your question doesn't just involve a Chapter 13 bankruptcy filing. A Chapter 13 bankruptcy filing can indeed by leave of court/court order be changed to a Chapter 7, which has its own implications. However, if your debts have already been discharged, then the proceedings have closed and you have no recourse or ability now to change it because the proceedings are over. The bank debt you included in your filing you describe as being discharged. All banks have certain criteria to use to decide whether to allow you to be a customer of the bank or not. No bank is required to keep you as a customer and hence your difficulty is re-establishing any account with the bank. The bank's position is it lost money when you discharged your debt; therefore, why should it chance the same situation again. Consider speaking with a regional manager of the bank and showing proof of your ability to pay back monies again. You may have to reaffirm your debt.
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