Although a Chapter 20 Bankruptcy does not technically exist, bankruptcy attorneys and the bankruptcy courts have recognized a Chapter 20 bankruptcy as the combined filing of a Chapter 7 Bankruptcy followed by a Chapter 13 Bankruptcy. Generally, this only occurs in very specific instances.
The bankruptcy laws prohibit a debtor from filing and receiving a discharge of debt if a discharge has already been received within the last 8 years. However, in a Chapter 20 Bankruptcy, the debtor can file a Chapter 7 Bankruptcy, receive a discharge of debt, and then file a Chapter 13 Bankruptcy in order to catch up on past due mortgage payments, without receiving a discharge at the end of the case. However, this option is not available to everyone and there are specific limitations and restrictions involved. You should contact an attorney regarding your rights and options before moving forward with your bankruptcy, particularly if you are at risk for losing your property.
